Contract No. 2027-0004 United Samaritans Foundation
service provided. Such information shall be made available to CITY monitors or their designees for review upon request.
(4) Disclosure. The ORGANIZATION understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the CITY’S or ORGANIZATION’s responsibilities with respect to services provided under this contract, is prohibited by the State or Federal law unless written consent is obtained from such person receiving service and, in the case of minor, that of a responsible parent/guardian.
(5) Close-outs. The ORGANIZATION’s obligation to the CITY shall not end until all 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 receivable to the CITY), and determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the ORGANIZATION has control over CDBG funds, including program income. (6) Audits and Inspections. All ORGANIZATION records with respect to any matters covered by this Agreement shall be made available to the CITY, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the ORGANIZATION within 30 days after receipt by the ORGANIZATION. Failure of the ORGANIZATION to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The ORGANIZATION hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning ORGANIZATIONS audits and 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars including OMB circular A-133.
If, as a result of any audit, any improper expenditures are revealed by the ORGANIZATION, its officers, agents, servants, employees and /or subcontractors, of the funds granted hereunder, and such questioned costs are disallowed under the procedures of the party by whom or on whose behalf said audit is conducted, then the amount of such disallowed cost shall constitute liquidated damages for the breach of that portion of the Agreement audited. In case of such disallowed cost, ORGANIZATION agrees to repay the CITY said sum as liquidated damages for the ORGANIZATIONS failure to perform the duties, bear the liabilities and fulfill the obligations imposed upon it by this Agreement.
(c) Reporting and Payment Procedures
(1) Program Income. The ORGANIZATION shall report to the CITY any interest or other income earned as a direct result of the use of the CDBG funds for the program outlined within this Agreement. The ORGANIZATION shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. All program income derived from the project, if any, shall revert to the CITY for use in the Community Development Block Grant program.
(2) Payment Procedures. The CITY will pay to the ORGANIZATION
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funds available under this Agreement based upon information submitted by the ORGANIZATION and consistent with the approved budget in Exhibit A. Payments will be made for eligible expenses actually incurred by the ORGANIZATION on a reimbursement basis. The CITY shall not provide any payments in advance of actual expenditures by the ORGANIZATION. Payments will be adjusted by the CITY in accordance with program income balances available in ORGANIZATION accounts. Payment requests shall include documentation to verify that the expenditure of funds is consistent with the project description as approved. Prior to reimbursing the ORGANIZATION, the CITY will verify the ORGANIZATION has provided the required draw.
Funding is contingent upon the CITY receiving Community Development Block Grant funds from HUD.
(3) Progress Reports. The ORGANIZATION shall submit regular Progress Reports to the CITY in the form, content, and frequency as required by the CITY. (d) Procurement
(1) Compliance. The ORGANIZATION shall comply with current CITY policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the CITY upon termination of this Agreement.
(2) Uniform Requirements. Unless specified otherwise within this agreement, the ORGANIZATION shall procure all materials, property, or services in accordance with the requirements of 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars. (3) Travel. The ORGANIZATION shall obtain written approval from the CITY for any travel outside the metropolitan area with funds provided under this Agreement. (e) Use and Reversion of Assets.
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 200, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following; (1) The ORGANIZATION shall transfer to the CITY any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
(2) In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment).
Equipment not needed by the ORGANIZATION for activities under this Agreement shall be (a) transferred to the CITY for the CDBG program or (b) retained after compensating the CITY an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
8. INSURANCE: ORGANIZATION shall not commence work under this Agreement until ORGANIZATION has obtained CITY’S approval regarding all insurance requirements, forms,
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endorsements, amounts, and carrier ratings, nor shall ORGANIZATION allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. ORGANIZATION shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by ORGANIZATION, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to CITY.
(a) General Liability Insurance: ORGANIZATION shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. ORGANIZATION’s general liability policies shall be primary and not seek contribution from the CITY’S coverages, and be endorsed using Insurance Services Office form CG 20 10 to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
(b) Workers’ Compensation Insurance: ORGANIZATION shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). ORGANIZATION shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
(c) Auto Insurance: ORGANIZATION shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If ORGANIZATION owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
(d) Professional Liability Insurance: When applicable, ORGANIZATION shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and ORGANIZATION agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (e) Deductibles and Self-Insured Retentions: Upon request of CITY, any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) ORGANIZATION shall provide a financial guarantee satisfactory to CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses. (f) Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
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(1) CITY, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of ORGANIZATION, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the contract. General liability coverage can be provided in the form of an endorsement to ORGANIZATION’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and ORGANIZATIONs Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the program, ORGANIZATION’s insurance coverage shall be primary insurance as respects CITY and any insurance or self-insurance maintained by CITY shall be excess of ORGANIZATION’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to CITY under this Agreement, the insurer, broker/producer, or ORGANIZATION shall provide CITY with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (g) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which the CITY has provided prior approval.
(h) Verification of Coverage: ORGANIZATION shall furnish CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this section. All certificates and endorsements are to be received and approved by CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive ORGANIZATION’s obligation to provide them. CITY reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.
(i) Waiver of Subrogation: With the exception of professional liability, ORGANIZATION hereby agrees to waive subrogation which any insurer of ORGANIZATION may acquire from ORGANIZATION by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of CITY for all work performed by ORGANIZATION, its agents, employees, independent contractors and subcontractors. ORGANIZATION agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. (j) Subcontractors: ORGANIZATION shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
9. INDEMNIFICATION:
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Indemnity for Professional Liability: When the law establishes a professional standard of care for ORGANIZATION’s Services, to the fullest extent permitted by law, ORGANIZATION shall indemnify, protect, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the ORGANIZATION (and its Subcontractors) are responsible for such damages, liabilities and costs on a comparative basis of fault between the ORGANIZATION (and its Subcontractors) and the CITY in the performance of professional services under this Agreement. ORGANIZATION shall not be obligated to defend or indemnify CITY for the CITY’s own negligence.
Indemnity for other than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, ORGANIZATION shall indemnify, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by ORGANIZATION or by any individual or agency for which ORGANIZATION is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of ORGANIZATION.
10. PERSONNEL & PARTICIPANT CONDITIONS
(a) Federal regulations
(1) Section 504. The ORGANIZATION agrees to comply with all Federal regulations issued pursuant to Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federal assisted program. The CITY shall provide the ORGANIZATION with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
(b) Affirmative Action
(1) Approved Plan. The ORGANIZATION agrees that it shall be committed to carry out pursuant to the CITY’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966 to the extent that such Executive Order remains effective. The CITY shall provide Affirmative Action guidelines to the ORGANIZATION to assist in the formulation of such program.
The ORGANIZATION shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
(2) Women- and Minority-Owned Businesses (W/MBE). The
ORGANIZATION will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business 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 fiftyPage 843 of 1436 Contract No. 2027-0004 United Samaritans Foundation
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 American Indians. The ORGANIZATION may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. (3) Access to Records. The ORGANIZATION shall furnish and cause each of its owned organizations or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the CITY, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. (4) Notifications. The ORGANIZATION will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the ORGANIZATION’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The ORGANIZATION will, in all solicitations or advertisements for employees placed by or on behalf of the ORGANIZATION, state that it is an Equal Opportunity or Affirmative Action Employer.
(6) Subcontract Provisions. The ORGANIZATION will include the provisions of Paragraphs 5.(c), Civil Rights, and 10.(b), Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own ORGANIZATIONS or subcontractors.
(c) Employment Restrictions
(1) Prohibited Activity. The ORGANIZATION is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities: inherently religious activities; lobbying; political patronage; and nepotism activities. (2) Labor Standards. The ORGANIZATION agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The ORGANIZATION agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The ORGANIZATION shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.
The ORGANIZATION agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors unengaged under contracts in excess of $2,000 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and
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ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the ORGANIZATION of its obligation, if any, to require payment of the higher wage.
The ORGANIZATION shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. (3) “Section 3” Clause.
a. Compliance. Compliance with the provisions of Section 3 of HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CITY, the ORGANIZATION and any of the ORGANIZATION’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the CITY, the ORGANIZATION and any of the ORGANIZATION’s subrecipients and subcontractors, their successors and assigns, to those sanction specified by the Agreement through which Federal assistance is provided. The ORGANIZATION certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
The ORGANIZATION further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.”
The ORGANIZATION further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project are given to lowand very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participant in other HUD programs.
The ORGANIZATION certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b. Notification. The ORGANIZATION agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s
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representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts. The ORGANIZATION will include this
Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulation issued by the grantor agency.
The ORGANIZATION will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
(d) Conduct
(1) Assignability. The ORGANIZATION shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY thereto; provided, however, that claims for money due or to become due to the ORGANIZATION from the CITY under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the CITY. (2) Subcontracts
a. Approvals. The ORGANIZATION shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY prior to the execution of such agreement. b. Monitoring. The ORGANIZATION will monitor all
subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of followup actions taken to correct areas of noncompliance. c. Content. The ORGANIZATION shall cause all of the
provisions of this contract in its entirety to be included in and made part of any subcontract executed in the performance of this Agreement.
d. Selection Process. The ORGANIZATION shall undertake
to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements.
Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process.
(3) Hatch Act. The ORGANIZATION agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (4) Conflict of Interest. The ORGANIZATION agrees to abide by the provisions of 2 CFR Part 200 and 570.611, which include (but are not limited to) the following:
a. The ORGANIZATION shall maintain a written code or
standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
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b. No employee, officer or agent of the ORGANIZATION 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. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the CITY, the ORGANIZATION, or any designated public agency.
(5) Lobbying.
The ORGANIZATION herby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
b. 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 of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(6) Copyright. If this contract results in any copyrightable material or inventions, the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for government purposes.
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(7) Religious Activities. The ORGANIZATION agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.
11. ENVIRONMENTAL CONDITIONS
(a) Air and Water. The ORGANIZATION agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
(1) Clean Air act, 42 U.S.C., 7401, et seq.;
(2) 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;
(3) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
(b) Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the ORGANIZATION 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 construction purposes (including rehabilitation).
(c) Lead-Based Paint. The ORGANIZATION agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require 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 leadbased 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 testing, risk assessment, treatment and/or abatement may be conducted. (d) Historic Preservation. The ORGANIZATION agrees to comply with the Historic Preservation 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 Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state or local historic property list.
12. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not
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be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
13. SPECIAL TERMS AND CONDITIONS.
(a) It is expressly understood and agreed that either party shall have the right to terminate this Agreement upon fifteen (15) days' written notice to the other party. However, ORGANIZATION may not terminate An Assignment of Proceeds and Grant of Lien without written consent of CITY. All reports or accounting provided for herein shall be rendered whether or not falling due within the Agreement period.
(b) Further, CITY reserves the right to immediately terminate this Agreement upon written notification to ORGANIZATION under the following conditions:
(1) Notification by HUD to the CITY that said project is ineligible because of project location, services provided, or any other reason cited by HUD. (2) Notification by HUD to CITY that said project is deficient and that continued support of the project is not providing an adequate level of services to low/moderate income or minority people.
(3) Written notification from HUD to CITY that the program funds made available to CITY are being curtailed, withdrawn, or otherwise restricted. (c) CITY also reserves the right to immediately terminate this Agreement or to reduce the Agreement compensation amount under the following conditions:
(1) Failure of ORGANIZATION to file required reports
(2) Failure of ORGANIZATION to meet project dates
(3) Expenditure of funds under this Agreement for ineligible activities, services or items
(4) Failure to comply with written notice from CITY of substandard performance in scope of services under the terms of this Agreement.
14. OBLIGATIONS OF ORGANIZATION: Throughout the term of this Agreement, ORGANIZATION shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. ORGANIZATION warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement.
ORGANIZATION further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
15. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
16. ASSIGNMENT: This agreement is binding upon CITY and ORGANIZATION and
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their successors. Except as otherwise provided herein, neither CITY nor ORGANIZATION shall assign, sublet, or transfer interest in this Agreement or any part thereof without the prior written consent of the other.
17. NOTICE: Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail, if delivery is by postage paid, registered, or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time:
for ORGANIZATION: United Samaritans Foundation
220 S Broadway
Turlock, CA 95380
Telephone: (209) 668-4853
for CITY: City of Turlock
ATTN: Housing Program Manager
Housing Program Services Division
156 South Broadway, Suite 140
Turlock, California 95380-5454
Telephone: (209) 668-5610
18. SECTION HEADINGS AND SUBHEADINGS
The section heading and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
19. WAIVER
The CITY’s failure to act with respect to a breach by the ORGANIZATION does not waive its right to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
20. ENTIRE AGREEMENT
The agreement constitutes the entire agreement between the CITY and the ORGANIZATION for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and the ORGANIZATION with respect to this Agreement.
21. CITY CONTRACT ADMINISTRATOR: The CITY’S contract administrator and contact person for this Agreement is:
Jennifer Figueroa
Housing Program Manager
Housing Program Services Division
156 S. Broadway, Suite 140
Turlock, California 95380-5456
Telephone: (209) 668-5610
E-mail: [email protected]
Contract No. 2027-0004 United Samaritans Foundation
22. EXECUTION AND COUNTERPARTS: This Addendum may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Addendum and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Addendum or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate by and through their respective officer’s thereunto duly authorized by a motion approved by the Turlock City Council on May 26th, 2026.
CITY OF TURLOCK, a municipal corporation United Samaritans Foundation
By: _______________________________ By: ______________________________ Gary R. Hampton, Interim City Manager
Title: ____________________________
Date: _____________________________
Print Name: _______________________
Date: ____________________________
220 S Broadway
Turlock, CA 95380
APPROVED AS TO FORM: Telephone: (209) 668-4853
By: _______________________________
Katie O. Lucchesi, City Attorney
Date:______________________________
ATTEST:
By: _______________________________
Nichole Fiez, City Clerk
Date: _____________________________
Contract No. 2027-0006 City of Turlock- Municipal Services Department
AGREEMENT
between
CITY OF TURLOCK
And
City of Turlock- Municipal Services Department
for
Public Services through the Community Development Block Grant (CDBG) Program CONTRACT NO. 2027-0006
THIS AGREEMENT is made this 26th day of May, 2026, by and between the CITY OF TURLOCK, a municipal corporation of the State of California, as the implementer of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, hereinafter referred to as "CITY" and City of Turlock- Municipal Services Department hereinafter referred to as "ORGANIZATION."
W I T N E S S E T H:
WHEREAS, CITY has received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HUD Act), Public Law 93- 383; and
WHEREAS, the CITY wishes to engage the ORGANIZATION to assist the CITY in utilizing such funds; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICE: The ORGANIZATION will be responsible for administering a CDBG 2026-2027 Recreation for All Scholarship Public Service Program in a manner satisfactory to the CITY. The Public Service Program shall be provided in accordance with the standards required as a condition of providing these funds and in accordance with Exhibit A attached hereto and incorporated herein by reference. The ORGANIZATION shall provide such Services in accordance with 24 CFR § 570 et seq and all other applicable federal state or local laws, rules or regulations.
(a) National Objectives: All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The ORGANIZATION certifies that the activity carried out under this Agreement will meet the National Objective specified in Exhibit A. (b) Levels of Accomplishment-Goals and Performance Measures: The
Contract No. 2027-0006 City of Turlock- Municipal Services Department
ORGANIZATION agrees to provide levels of program services specified in Exhibit A. (c) Staffing: The ORGANIZATION agrees to provide levels of staffing for the program as specified in Exhibit A.
(d) Performance Monitoring: The CITY will monitor the performance of the ORGANIZATION against goals and performance standards as stated in Exhibit A. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the ORGANIZATION within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated.
2. COMPENSATION: ORGANIZATION shall be paid a total consideration of not to exceed Twenty Thousand and no/100 ths Dollars ($20,000), for full performance of the Public Services specified under this Agreement, in conformity with the approved program proposal and budget document which is attached to this Agreement as Exhibit A. The amount set forth in this section is not a guarantee of the compensation that ORGANIZATION will receive, but rather is merely a limit of potential CITY expenditures under this Agreement. ORGANIZATION will be paid for services actually performed in accordance with the requirements of this Section. The CITY may require a more detailed budget breakdown than the one provided in Exhibit A and the ORGANIZATION shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the CITY. Any amendments to the budget must be approved in writing by both the CITY and the ORGANIZATION. ORGANIZATION agrees that compensation shall be paid in the manner and at the times set forth below:
(a) Payment:
(1) Funds will be dispersed on a draw basis as costs are incurred and can be drawn monthly. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Exhibit A and in accordance with performance.
(2) The request for a draw will be accompanied by documentation of the costs which would include such information as invoices and timecards. The request will also include data of the persons served through the program including, but not limited to, income, race/ethnicity, and statistics data required by HUD, and such other information as the CITY may request. First Draw can be requested after October 1, 2026. Final draw must be requested before June 15th, 2027
(3) Payments may be contingent upon certification of the ORGANIZATION’S financial management system in accordance with the standards specified in 2 CFR 200.
(4) ORGANIZATION shall notify CITY in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Agreement. (5) Not more often than monthly, CITY shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. CITY shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
Contract No. 2027-0006 City of Turlock- Municipal Services Department
3. TERM OF AGREEMENT. The Services of ORGANIZATION are to commence on July 1, 2026, and end on June 30, 2027, unless the term of the agreement is otherwise terminated or extended, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Agreement. The point of contact for CITY shall be the City of Turlock, Housing Program Services Division, 156 South Broadway, Suite 140, Turlock, California, 95380.
4. GENERAL CONDITIONS. The ORGANIZATION agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) the ORGANIZATION does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the ORGANIZATION does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The ORGANIZATION also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided for under this contract. The ORGANIZATION further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. (a) ORGANIZATION agrees to submit quarterly program status reports to CITY, and other reports as may be required by CITY.
(b) ORGANIZATION agrees to maintain racial, ethnic, gender, head of household and family size data showing the extent to which these categories of persons have participated in, or benefited from, the project, and to provide such data in an activity report to CITY quarterly.
(c) ORGANIZATION agrees to keep all necessary books and records, including property, personnel and financial records, in connection with the operations and services performed under this Agreement, and shall document all transactions so that all expenditures may be properly audited.
(d) ORGANIZATION agrees that CITY or any authorized representative has access to and the right to examine all records, books, papers or documents related to the program/scope of services/project.
(e) ORGANIZATION agrees to provide to CITY at ORGANIZATION's cost, a certified audit performed by an accredited certified public accountant, of all funds received or utilized by ORGANIZATION, including the distribution of Community Development Block Grant Funds for fiscal year 2025-2026 to be delivered to CITY by October 1, 2025 or within 30 days of receipt of ORGANIZATION’s audited financials, whichever is later. (f) ORGANIZATION hereby warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of ORGANIZATION who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Agreement.
Contract No. 2027-0006 City of Turlock- Municipal Services Department
(g) The undersigned persons signing as officers on behalf of ORGANIZATION, a party to this Agreement, hereby severally warrants and represents that said persons have authority to enter into this Agreement on behalf of said ORGANIZATION and to bind the same to this Agreement, and, further that said ORGANIZATION has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Agreement.
(h) CITY shall not be responsible or liable for any debts, actions, obligations, negligence, or liabilities committed or incurred by ORGANIZATION, its staff or clientele, and ORGANIZATION hereby agrees to defend, hold harmless and indemnify CITY from and against any and all liabilities for debts, obligations, and negligence. No payment, however, final or otherwise, shall operate to release ORGANIZATION from any obligations under this Agreement.
Should either party be required to bring a legal action to enforce the provisions of this Agreement, the prevailing party shall be reimbursed for all court costs and all reasonable attorney's fees incurred in the prosecution or defense of said action.
(i) Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another.
ORGANIZATION is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including but not limited to medical, unemployment, or Workers' Compensation insurance.
5. OTHER PROVISIONS.
(a) During the performance of this Agreement, ORGANIZATION agrees as follows:
(1) ORGANIZATION shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, sexual orientation, ancestry, national origin, familial status, veterans status, or any other basis prohibited by applicable law. ORGANIZATION shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age, handicap, sexual orientation, familial status, veterans status, 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.
ORGANIZATION agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) ORGANIZATION will, in all solicitations or advertisements for employees placed by or on behalf of ORGANIZATION, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, sexual orientation, ancestry, national origin, veterans status, familial status, or any other basis prohibited by applicable law.
(b) EQUAL OPPORTUNITY IN PARTICIPATION. Under the terms of Section
Contract No. 2027-0006 City of Turlock- Municipal Services Department
109 of the Housing and Community Development Act of 1974, and in conformance with CITY policy and all requirements imposed by or pursuant to the Regulations of the Department of Housing and Urban Development (24 CFR Part 570.602 issued pursuant to this section), ORGANIZATION shall not exclude any persons from participation in the program on the basis race, color, national origin, religion, or sex.
(c) Civil Rights
(1) Compliance. The ORGANIZATION agrees to comply with the civil rights laws of the State of California and with Title VI of the Civil Rights 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 Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086 as such laws and orders may be amended, modified or repealed from time to time and such other executive orders as may be applicable. (2) Nondiscrimination. The ORGANIZATION agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279 as such laws and orders may be amended, modified or repealed from time to time. The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable. (d) BUSINESS AND EMPLOYMENT OPPORTUNITIES FOR
LOW/MODERATE INCOME RESIDENTS. ORGANIZATION 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 HUD regulations issued pursuant thereto at 24 CFR Part 135, to the extent applicable. This act requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area. (e) DRUG-FREE WORK PLACE. Organization will maintain a drug free work place and will comply with all applicable Federal, State and local laws pertaining to a drug-free work place.
(f) PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction. To the extent that any such laws are amended or repealed, ORGANIZATION shall comply with such laws as amended or repealed.
6. CITY RECOGNITION. The ORGANIZATION shall insure recognition of the role of the CITY in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the ORGANIZATION will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
7. ADMINISTRATIVE REQUIREMENTS.
(a) Financial Management
Contract No. 2027-0006 City of Turlock- Municipal Services Department
(1) Accounting Standards. The ORGANIZATION agrees to comply with 2 CFR Part 200 and agrees to adhere to the accounting principles and procedures required therein, utilized adequate internal controls, and maintain necessary source documentation for all costs incurred.
(2) Cost Principles. The ORGANIZATION shall administer its program in conformance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars including OMB Circulars A-122, “Cost Principles for Non-Profit Organization,” or A-21, “Cost Principles for Educational Institutions,” or A-87, “Cost Principles for State, Local and Indian Tribal Governments,” as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. (b) Documentation and Record Keeping.
(1) Records to be maintained. The ORGANIZATION shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities; d. Records required to document the acquisition,
improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity component of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 2 CFR Part 200;
g. Other records necessary to document compliance with
Subpart K of 24 CFR Part 570.
(2) Retention. The ORGANIZATION shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the agreement for a period of four (4) years. The retention period begins on the date of the submission of the CITY’S annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
(3) Client Data. The ORGANIZATION shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited
Contract No. 2027-0006 City of Turlock- Municipal Services Department
to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to CITY monitors or their designees for review upon request.
(4) Disclosure. The ORGANIZATION understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the CITY’S or ORGANIZATION’s responsibilities with respect to services provided under this contract, is prohibited by the State or Federal law unless written consent is obtained from such person receiving service and, in the case of minor, that of a responsible parent/guardian.
(5) Close-outs. The ORGANIZATION’s obligation to the CITY shall not end until all 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 receivable to the CITY), and determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the ORGANIZATION has control over CDBG funds, including program income. (6) Audits and Inspections. All ORGANIZATION records with respect to any matters covered by this Agreement shall be made available to the CITY, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the ORGANIZATION within 30 days after receipt by the ORGANIZATION. Failure of the ORGANIZATION to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The ORGANIZATION hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning ORGANIZATIONS audits and 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars including OMB circular A-133.
If, as a result of any audit, any improper expenditures are revealed by the ORGANIZATION, its officers, agents, servants, employees and /or subcontractors, of the funds granted hereunder, and such questioned costs are disallowed under the procedures of the party by whom or on whose behalf said audit is conducted, then the amount of such disallowed cost shall constitute liquidated damages for the breach of that portion of the Agreement audited. In case of such disallowed cost, ORGANIZATION agrees to repay the CITY said sum as liquidated damages for the ORGANIZATIONS failure to perform the duties, bear the liabilities and fulfill the obligations imposed upon it by this Agreement.
(c) Reporting and Payment Procedures
(1) Program Income. The ORGANIZATION shall report to the CITY any interest or other income earned as a direct result of the use of the CDBG funds for the program outlined within this Agreement. The ORGANIZATION shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. All program income derived from the project, if any, shall revert to the CITY for use in the Community Development Block Grant program.
Contract No. 2027-0006 City of Turlock- Municipal Services Department
(2) Payment Procedures. The CITY will pay to the ORGANIZATION funds available under this Agreement based upon information submitted by the ORGANIZATION and consistent with the approved budget in Exhibit A. Payments will be made for eligible expenses actually incurred by the ORGANIZATION on a reimbursement basis. The CITY shall not provide any payments in advance of actual expenditures by the ORGANIZATION. Payments will be adjusted by the CITY in accordance with program income balances available in ORGANIZATION accounts. Payment requests shall include documentation to verify that the expenditure of funds is consistent with the project description as approved. Prior to reimbursing the ORGANIZATION, the CITY will verify the ORGANIZATION has provided the required draw.
Funding is contingent upon the CITY receiving Community Development Block Grant funds from HUD.
(3) Progress Reports. The ORGANIZATION shall submit regular Progress Reports to the CITY in the form, content, and frequency as required by the CITY. (d) Procurement
(1) Compliance. The ORGANIZATION shall comply with current CITY policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the CITY upon termination of this Agreement.
(2) Uniform Requirements. Unless specified otherwise within this agreement, the ORGANIZATION shall procure all materials, property, or services in accordance with the requirements of 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars. (3) Travel. The ORGANIZATION shall obtain written approval from the CITY for any travel outside the metropolitan area with funds provided under this Agreement. (e) Use and Reversion of Assets.
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 200, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following; (1) The ORGANIZATION shall transfer to the CITY any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
(2) In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment).
Equipment not needed by the ORGANIZATION for activities under this Agreement shall be (a) transferred to the CITY for the CDBG program or (b) retained after compensating the CITY an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
8. INSURANCE: ORGANIZATION shall not commence work under this Agreement until
Contract No. 2027-0006 City of Turlock- Municipal Services Department
ORGANIZATION has obtained CITY’S approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall ORGANIZATION allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. ORGANIZATION shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by ORGANIZATION, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to CITY.
(a) General Liability Insurance: ORGANIZATION shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. ORGANIZATION’s general liability policies shall be primary and not seek contribution from the CITY’S coverages, and be endorsed using Insurance Services Office form CG 20 10 to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
(b) Workers’ Compensation Insurance: ORGANIZATION shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). ORGANIZATION shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
(c) Auto Insurance: ORGANIZATION shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If ORGANIZATION owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
(d) Professional Liability Insurance: When applicable, ORGANIZATION shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and ORGANIZATION agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (e) Deductibles and Self-Insured Retentions: Upon request of CITY, any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) ORGANIZATION shall provide a financial guarantee satisfactory to CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Contract No. 2027-0006 City of Turlock- Municipal Services Department
(f) Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
(1) CITY, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of ORGANIZATION, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the contract. General liability coverage can be provided in the form of an endorsement to ORGANIZATION’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and ORGANIZATIONs Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the program, ORGANIZATION’s insurance coverage shall be primary insurance as respects CITY and any insurance or self-insurance maintained by CITY shall be excess of ORGANIZATION’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to CITY under this Agreement, the insurer, broker/producer, or ORGANIZATION shall provide CITY with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (g) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which the CITY has provided prior approval.
(h) Verification of Coverage: ORGANIZATION shall furnish CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this section. All certificates and endorsements are to be received and approved by CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive ORGANIZATION’s obligation to provide them. CITY reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.
(i) Waiver of Subrogation: With the exception of professional liability, ORGANIZATION hereby agrees to waive subrogation which any insurer of ORGANIZATION may acquire from ORGANIZATION by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of CITY for all work performed by ORGANIZATION, its agents, employees, independent contractors and subcontractors. ORGANIZATION agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. (j) Subcontractors: ORGANIZATION shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
Contract No. 2027-0006 City of Turlock- Municipal Services Department
9. INDEMNIFICATION:
Indemnity for Professional Liability: When the law establishes a professional standard of care for ORGANIZATION’s Services, to the fullest extent permitted by law, ORGANIZATION shall indemnify, protect, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the ORGANIZATION (and its Subcontractors) are responsible for such damages, liabilities and costs on a comparative basis of fault between the ORGANIZATION (and its Subcontractors) and the CITY in the performance of professional services under this Agreement. ORGANIZATION shall not be obligated to defend or indemnify CITY for the CITY’s own negligence.
Indemnity for other than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, ORGANIZATION shall indemnify, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by ORGANIZATION or by any individual or agency for which ORGANIZATION is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of ORGANIZATION.
10. PERSONNEL & PARTICIPANT CONDITIONS
(a) Federal regulations
(1) Section 504. The ORGANIZATION agrees to comply with all Federal regulations issued pursuant to Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federal assisted program. The CITY shall provide the ORGANIZATION with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
(b) Affirmative Action
(1) Approved Plan. The ORGANIZATION agrees that it shall be committed to carry out pursuant to the CITY’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966 to the extent that such Executive Order remains effective. The CITY shall provide Affirmative Action guidelines to the ORGANIZATION to assist in the formulation of such program.
The ORGANIZATION shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
(2) Women- and Minority-Owned Businesses (W/MBE). The
ORGANIZATION will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a
Contract No. 2027-0006 City of Turlock- Municipal Services Department
business 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 fiftyone (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 American Indians. The ORGANIZATION may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. (3) Access to Records. The ORGANIZATION shall furnish and cause each of its owned organizations or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the CITY, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. (4) Notifications. The ORGANIZATION will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the ORGANIZATION’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The ORGANIZATION will, in all solicitations or advertisements for employees placed by or on behalf of the ORGANIZATION, state that it is an Equal Opportunity or Affirmative Action Employer.
(6) Subcontract Provisions. The ORGANIZATION will include the provisions of Paragraphs 5.(c), Civil Rights, and 10.(b), Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own ORGANIZATIONS or subcontractors.
(c) Employment Restrictions
(1) Prohibited Activity. The ORGANIZATION is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities: inherently religious activities; lobbying; political patronage; and nepotism activities. (2) Labor Standards. The ORGANIZATION agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The ORGANIZATION agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The ORGANIZATION shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.
The ORGANIZATION agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors unengaged under contracts in excess of $2,000 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the
Contract No. 2027-0006 City of Turlock- Municipal Services Department
CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the ORGANIZATION of its obligation, if any, to require payment of the higher wage.
The ORGANIZATION shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. (3) “Section 3” Clause.
a. Compliance. Compliance with the provisions of Section 3 of HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CITY, the ORGANIZATION and any of the ORGANIZATION’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the CITY, the ORGANIZATION and any of the ORGANIZATION’s subrecipients and subcontractors, their successors and assigns, to those sanction specified by the Agreement through which Federal assistance is provided. The ORGANIZATION certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
The ORGANIZATION further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.”
The ORGANIZATION further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project are given to lowand very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participant in other HUD programs.
The ORGANIZATION certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b. Notification. The ORGANIZATION agrees to send to each
Contract No. 2027-0006 City of Turlock- Municipal Services Department
labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts. The ORGANIZATION will include this
Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulation issued by the grantor agency.
The ORGANIZATION will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
(d) Conduct
(1) Assignability. The ORGANIZATION shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY thereto; provided, however, that claims for money due or to become due to the ORGANIZATION from the CITY under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the CITY. (2) Subcontracts
a. Approvals. The ORGANIZATION shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY prior to the execution of such agreement. b. Monitoring. The ORGANIZATION will monitor all
subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of followup actions taken to correct areas of noncompliance. c. Content. The ORGANIZATION shall cause all of the
provisions of this contract in its entirety to be included in and made part of any subcontract executed in the performance of this Agreement.
d. Selection Process. The ORGANIZATION shall undertake
to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements.
Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process.
(3) Hatch Act. The ORGANIZATION agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (4) Conflict of Interest. The ORGANIZATION agrees to abide by the provisions of 2 CFR Part 200 and 570.611, which include (but are not limited to) the following:
a. The ORGANIZATION shall maintain a written code or
standards of conduct that shall govern the performance of its officers, employees or agents
Contract No. 2027-0006 City of Turlock- Municipal Services Department
engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the ORGANIZATION 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. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the CITY, the ORGANIZATION, or any designated public agency.
(5) Lobbying.
The ORGANIZATION herby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
b. 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 of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(6) Copyright. If this contract results in any copyrightable material or inventions, the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work
Contract No. 2027-0006 City of Turlock- Municipal Services Department
or materials for government purposes.
(7) Religious Activities. The ORGANIZATION agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.
11. ENVIRONMENTAL CONDITIONS
(a) Air and Water. The ORGANIZATION agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
(1) Clean Air act, 42 U.S.C., 7401, et seq.;
(2) 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;
(3) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
(b) Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the ORGANIZATION 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 construction purposes (including rehabilitation).
(c) Lead-Based Paint. The ORGANIZATION agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require 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 leadbased 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 testing, risk assessment, treatment and/or abatement may be conducted. (d) Historic Preservation. The ORGANIZATION agrees to comply with the Historic Preservation 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 Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state or local historic property list.
12. SEVERABILITY
Contract No. 2027-0006 City of Turlock- Municipal Services Department
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
13. SPECIAL TERMS AND CONDITIONS.
(a) It is expressly understood and agreed that either party shall have the right to terminate this Agreement upon fifteen (15) days' written notice to the other party. However, ORGANIZATION may not terminate An Assignment of Proceeds and Grant of Lien without written consent of CITY. All reports or accounting provided for herein shall be rendered whether or not falling due within the Agreement period.
(b) Further, CITY reserves the right to immediately terminate this Agreement upon written notification to ORGANIZATION under the following conditions:
(1) Notification by HUD to the CITY that said project is ineligible because of project location, services provided, or any other reason cited by HUD. (2) Notification by HUD to CITY that said project is deficient and that continued support of the project is not providing an adequate level of services to low/moderate income or minority people.
(3) Written notification from HUD to CITY that the program funds made available to CITY are being curtailed, withdrawn, or otherwise restricted. (c) CITY also reserves the right to immediately terminate this Agreement or to reduce the Agreement compensation amount under the following conditions:
(1) Failure of ORGANIZATION to file required reports
(2) Failure of ORGANIZATION to meet project dates
(3) Expenditure of funds under this Agreement for ineligible activities, services or items
(4) Failure to comply with written notice from CITY of substandard performance in scope of services under the terms of this Agreement.
14. OBLIGATIONS OF ORGANIZATION: Throughout the term of this Agreement, ORGANIZATION shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. ORGANIZATION warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement.
ORGANIZATION further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
15. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
Contract No. 2027-0006 City of Turlock- Municipal Services Department
16. ASSIGNMENT: This agreement is binding upon CITY and ORGANIZATION and their successors. Except as otherwise provided herein, neither CITY nor ORGANIZATION shall assign, sublet, or transfer interest in this Agreement or any part thereof without the prior written consent of the other.
17. NOTICE: Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail, if delivery is by postage paid, registered, or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time:
for ORGANIZATION: City of Turlock, Municipal Services, Recreation Division 144 S Broadway
Turlock, CA 95380
Telephone: (209) 668-5594
for CITY: City of Turlock
ATTN: Housing Program Manager
Housing Program Services Division
156 South Broadway, Suite 140
Turlock, California 95380-5454
Telephone: (209) 668-5610
18. SECTION HEADINGS AND SUBHEADINGS
The section heading and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
19. WAIVER
The CITY’s failure to act with respect to a breach by the ORGANIZATION does not waive its right to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
20. ENTIRE AGREEMENT
The agreement constitutes the entire agreement between the CITY and the ORGANIZATION for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and the ORGANIZATION with respect to this Agreement.
21. CITY CONTRACT ADMINISTRATOR: The CITY’S contract administrator and contact person for this Agreement is:
Jennifer Figueroa
Housing Program Manager
Housing Program Services Division
156 S. Broadway, Suite 140
Turlock, California 95380-5456
Contract No. 2027-0006 City of Turlock- Municipal Services Department
Telephone: (209) 668-5610
E-mail: [email protected]
22. EXECUTION AND COUNTERPARTS: This Addendum may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Addendum and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Addendum or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate by and through their respective officer’s thereunto duly authorized by a motion approved by the Turlock City Council on May 26th, 2026.
CITY OF TURLOCK, a municipal corporation City of Turlock- Municipal Services Department
By: _______________________________ By: ______________________________ Gary R. Hampton, Interim City Manager
Title: ____________________________
Date: _____________________________
Print Name: _______________________
Date: ____________________________
144 S Broadway
Turlock, CA 95380
APPROVED AS TO FORM: Telephone: (209) 668-5594
By: _______________________________
Katie O. Lucchesi, City Attorney
Date:______________________________
ATTEST:
By: _______________________________
Nichole Fiez, City Clerk
Date: _____________________________
1 HOUSING PROGRAM SERVICES
156 S. BROADWAY, SUITE 140 | TURLOCK, CALIFORNIA 95380 | PHONE 209-668-5610 | FAX 209-668-5668 | TDD 209-800-735-2929 Conflict of Interest Disclosure
Screening Form
Large Approvals; Non-Profit Entities
Name of Applicant: _____________________
Type of Application: ____________________
I have the authority to certify these matters on behalf of the applicant and its officers. ☐ yes ☐ no Please fill out completely and attach additional sheets if necessary.
Current or Former Employees of the City of Turlock. Are you or any of the applicant’s officers current or former employees of the City of Turlock? ☐ yes ☐ no
If yes, for each individual please state dates of employment, job title(s), city department(s) worked for, and work supervisor(s).
_____________________________________________________________________________________ _____________________________________________________________________________________ Relatives. Are any of your officers related to any employees of the City of Turlock or to any elected or appointed officials (such as members of the City Council, Planning Commission, CDBG Community Grant Selection Committee, the Measure A Oversight Committee or the Loan Committee-see attached list-by answering question you are certifying that you reviewed the attached list)? ☐ yes ☐ no If yes, for each individual please list name(s) of the relative(s) and the nature of the family relationship. _____________________________________________________________________________________ _____________________________________________________________________________________ Economic Conflicts of Interest. Has your entity, you, or any of your officers been a source of income, investment, or gift to any employees of the City of Turlock or to any elected or appointed officials (such as members of the City Council, Planning Commission, CDBG Community Grant Selection Committee, the Measure
2 A Oversight Committee or the Loan Committee-see attached list-by answering question you are certifying that you reviewed the attached list)? ☐ yes ☐ no
If yes, for each individual please list name(s) of the employee(s) of the City of Turlock and/or any elected or appointed official(s). No other information is necessary at this time as staff will follow-up with you if additional information is needed.
_____________________________________________________________________________________ _____________________________________________________________________________________ Campaign Contribution Conflicts of Interest. Has the entity, you, any of your officers, or any of your representatives or agents made a political campaign contribution in the last twelve (12) months to anyone listed on the attached list? ☐ yes ☐ no
If yes, for each individual please list their name(s), title(s) and also the name of the recipient(s) of the campaign contribution(s) and the amount(s).
_____________________________________________________________________________________ _____________________________________________________________________________________ Please note that the Campaign Contribution Conflict of Interest state law (Cal. Gov. Code §84308) is wide-ranging and covers additional situations other than those addressed in the preceding question. You must review the attached information from the state Fair Political Practices Commission to see if your entity has additional types of conflicts of interest due to campaign contributions from any “party”, “participant” or “agent” as those are defined in state law. After reading the attached information, do you have a campaign contribution conflict of interest? ☐ yes ☐ no If yes, please list below:
_____________________________________________________________________________________ _____________________________________________________________________________________ I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct.
__________________________________________
Print Name & Officer Title
__________________________________________ __________________ Signature Date
Attachments:
-List of Elected & Appointed Officials for City of Turlock (“Officers of the Agency”) -FPPC Advisory entitled “Parties, Participants, Agents, and Section 84308” 04/13/2026
CITY OF TURLOCK SELF-CERTIFICATION FORM FOR APPLICANTS - GRANTS, PERMITS, CONTRACTS and OTHER APPROVALS
Name of Applicant: _____________________________
Type of Applica&on: ____________________________
I am the applicant or have the authority to cerfy these maers on behalf of the applicant. ___Yes ___No
If applicant is not a person(s), please list the applicant’s enty type (e.g., corporaon, LLC, limited partnership, general partnership, non-profit corporaon, unincorporated associaon, government enty, etc.) ____________________________________________________ The applicant is current on all monies owed to the City of Turlock for ulity bills, business licenses, and other maers.
___Yes ___No
If “No”, please list monies that are overdue and owed to the City: _______________________ ____ (This is not necessarily disqualifying for your applicaon. City staff will follow up with you if necessary.) The applicant is current on state and federal income tax filings. ___Yes ___No
If “No”, please describe:
___________________________________________________________________ The applicant has no tax liens (any type) filed against it. ___Yes ___No (“Yes” means there are no tax liens, “No” means there are tax liens).
If “No”, please describe type(s) and amount(s) of tax lien(s):
___________________________________________________________________ If required by the Turlock Municipal Code, the applicant has a City of Turlock business license or will obtain one upon receipt of the approval.
___Yes ___No
☐ (Answer only if box checked). The role of President/CEO of the applicant is held by a different person than the role of Treasurer/CFO.
___Yes ___No
If “No”, please explain:
____________________________________________________________________ ☐ (Answer only if box checked). Please provide documentaon of how the applicant meets the objecves of the approval applied for:
_____________________________________________________________________________________ ________________________________________
The applicant understands that applicant may be asked to update this informaon prior to or a6er receipt of the approval applied for.
___Yes ___No
I declare under penalty of perjury under the laws of the State of California that my answers to the above questions are true and correct to the best of my actual knowledge. _
Signature:
_
Print Name:
Date:
04/13/2026
Contract No. 2027-0002 Healthy Alternatives to Violent Environments
AGREEMENT
between
CITY OF TURLOCK
And
Healthy Alternatives to Violent Environments
for
Public Services through the Community Development Block Grant (CDBG) Program CONTRACT NO. 2027-0002
THIS AGREEMENT is made this 26th day of May, 2026, by and between the CITY OF TURLOCK, a municipal corporation of the State of California, as the implementer of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, hereinafter referred to as "CITY" and Healthy Alternatives to Violent Enviornments hereinafter referred to as "ORGANIZATION."
W I T N E S S E T H:
WHEREAS, CITY has received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HUD Act), Public Law 93- 383; and
WHEREAS, the CITY wishes to engage the ORGANIZATION to assist the CITY in utilizing such funds; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICE: The ORGANIZATION will be responsible for administering a CDBG 2026-2027 Housing Assistance- Housing Related Services Public Service Program in a manner satisfactory to the CITY. The Public Service Program shall be provided in accordance with the standards required as a condition of providing these funds and in accordance with Exhibit A attached hereto and incorporated herein by reference. The ORGANIZATION shall provide such Services in accordance with 24 CFR § 570 et seq and all other applicable federal state or local laws, rules or regulations.
(a) National Objectives: All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The ORGANIZATION certifies that the activity carried out under this Agreement will meet the National Objective specified in Exhibit A. (b) Levels of Accomplishment-Goals and Performance Measures: The
Contract No. 2027-0002 Healthy Alternatives to Violent Environments
ORGANIZATION agrees to provide levels of program services specified in Exhibit A. (c) Staffing: The ORGANIZATION agrees to provide levels of staffing for the program as specified in Exhibit A.
(d) Performance Monitoring: The CITY will monitor the performance of the ORGANIZATION against goals and performance standards as stated in Exhibit A. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the ORGANIZATION within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated.
2. COMPENSATION: ORGANIZATION shall be paid a total consideration of not to exceed Twenty Thousand and no/100 ths Dollars ($20,000), for full performance of the Public Services specified under this Agreement, in conformity with the approved program proposal and budget document which is attached to this Agreement as Exhibit A. The amount set forth in this section is not a guarantee of the compensation that ORGANIZATION will receive, but rather is merely a limit of potential CITY expenditures under this Agreement. ORGANIZATION will be paid for services actually performed in accordance with the requirements of this Section. The CITY may require a more detailed budget breakdown than the one provided in Exhibit A and the ORGANIZATION shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the CITY. Any amendments to the budget must be approved in writing by both the CITY and the ORGANIZATION. ORGANIZATION agrees that compensation shall be paid in the manner and at the times set forth below:
(a) Payment:
(1) Funds will be dispersed on a draw basis as costs are incurred and can be drawn monthly. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Exhibit A and in accordance with performance.
(2) The request for a draw will be accompanied by documentation of the costs which would include such information as invoices and timecards. The request will also include data of the persons served through the program including, but not limited to, income, race/ethnicity, and statistics data required by HUD, and such other information as the CITY may request. First Draw can be requested after October 1, 2026. Final draw must be requested before June 15th, 2027
(3) Payments may be contingent upon certification of the ORGANIZATION’S financial management system in accordance with the standards specified in 2 CFR 200.
(4) ORGANIZATION shall notify CITY in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Agreement. (5) Not more often than monthly, CITY shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. CITY shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
Contract No. 2027-0002 Healthy Alternatives to Violent Environments
3. TERM OF AGREEMENT. The Services of ORGANIZATION are to commence on July 1, 2026, and end on June 30, 2027, unless the term of the agreement is otherwise terminated or extended, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Agreement. The point of contact for CITY shall be the City of Turlock, Housing Program Services Division, 156 South Broadway, Suite 140, Turlock, California, 95380.
4. GENERAL CONDITIONS. The ORGANIZATION agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) the ORGANIZATION does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the ORGANIZATION does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The ORGANIZATION also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided for under this contract. The ORGANIZATION further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. (a) ORGANIZATION agrees to submit quarterly program status reports to CITY, and other reports as may be required by CITY.
(b) ORGANIZATION agrees to maintain racial, ethnic, gender, head of household and family size data showing the extent to which these categories of persons have participated in, or benefited from, the project, and to provide such data in an activity report to CITY quarterly.
(c) ORGANIZATION agrees to keep all necessary books and records, including property, personnel and financial records, in connection with the operations and services performed under this Agreement, and shall document all transactions so that all expenditures may be properly audited.
(d) ORGANIZATION agrees that CITY or any authorized representative has access to and the right to examine all records, books, papers or documents related to the program/scope of services/project.
(e) ORGANIZATION agrees to provide to CITY at ORGANIZATION's cost, a certified audit performed by an accredited certified public accountant, of all funds received or utilized by ORGANIZATION, including the distribution of Community Development Block Grant Funds for fiscal year 2025-2026 to be delivered to CITY by October 1, 2025 or within 30 days of receipt of ORGANIZATION’s audited financials, whichever is later. (f) ORGANIZATION hereby warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of ORGANIZATION who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Agreement.
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(g) The undersigned persons signing as officers on behalf of ORGANIZATION, a party to this Agreement, hereby severally warrants and represents that said persons have authority to enter into this Agreement on behalf of said ORGANIZATION and to bind the same to this Agreement, and, further that said ORGANIZATION has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Agreement.
(h) CITY shall not be responsible or liable for any debts, actions, obligations, negligence, or liabilities committed or incurred by ORGANIZATION, its staff or clientele, and ORGANIZATION hereby agrees to defend, hold harmless and indemnify CITY from and against any and all liabilities for debts, obligations, and negligence. No payment, however, final or otherwise, shall operate to release ORGANIZATION from any obligations under this Agreement.
Should either party be required to bring a legal action to enforce the provisions of this Agreement, the prevailing party shall be reimbursed for all court costs and all reasonable attorney's fees incurred in the prosecution or defense of said action.
(i) Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another.
ORGANIZATION is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including but not limited to medical, unemployment, or Workers' Compensation insurance.
5. OTHER PROVISIONS.
(a) During the performance of this Agreement, ORGANIZATION agrees as follows:
(1) ORGANIZATION shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, sexual orientation, ancestry, national origin, familial status, veterans status, or any other basis prohibited by applicable law. ORGANIZATION shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age, handicap, sexual orientation, familial status, veterans status, 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.
ORGANIZATION agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) ORGANIZATION will, in all solicitations or advertisements for employees placed by or on behalf of ORGANIZATION, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, sexual orientation, ancestry, national origin, veterans status, familial status, or any other basis prohibited by applicable law.
(b) EQUAL OPPORTUNITY IN PARTICIPATION. Under the terms of Section
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109 of the Housing and Community Development Act of 1974, and in conformance with CITY policy and all requirements imposed by or pursuant to the Regulations of the Department of Housing and Urban Development (24 CFR Part 570.602 issued pursuant to this section), ORGANIZATION shall not exclude any persons from participation in the program on the basis race, color, national origin, religion, or sex.
(c) Civil Rights
(1) Compliance. The ORGANIZATION agrees to comply with the civil rights laws of the State of California and with Title VI of the Civil Rights 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 Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086 as such laws and orders may be amended, modified or repealed from time to time and such other executive orders as may be applicable. (2) Nondiscrimination. The ORGANIZATION agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279 as such laws and orders may be amended, modified or repealed from time to time. The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable. (d) BUSINESS AND EMPLOYMENT OPPORTUNITIES FOR
LOW/MODERATE INCOME RESIDENTS. ORGANIZATION 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 HUD regulations issued pursuant thereto at 24 CFR Part 135, to the extent applicable. This act requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area. (e) DRUG-FREE WORK PLACE. Organization will maintain a drug free work place and will comply with all applicable Federal, State and local laws pertaining to a drug-free work place.
(f) PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction. To the extent that any such laws are amended or repealed, ORGANIZATION shall comply with such laws as amended or repealed.
6. CITY RECOGNITION. The ORGANIZATION shall insure recognition of the role of the CITY in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the ORGANIZATION will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
7. ADMINISTRATIVE REQUIREMENTS.
(a) Financial Management
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(1) Accounting Standards. The ORGANIZATION agrees to comply with 2 CFR Part 200 and agrees to adhere to the accounting principles and procedures required therein, utilized adequate internal controls, and maintain necessary source documentation for all costs incurred.
(2) Cost Principles. The ORGANIZATION shall administer its program in conformance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars including OMB Circulars A-122, “Cost Principles for Non-Profit Organization,” or A-21, “Cost Principles for Educational Institutions,” or A-87, “Cost Principles for State, Local and Indian Tribal Governments,” as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. (b) Documentation and Record Keeping.
(1) Records to be maintained. The ORGANIZATION shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities; d. Records required to document the acquisition,
improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity component of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 2 CFR Part 200;
g. Other records necessary to document compliance with
Subpart K of 24 CFR Part 570.
(2) Retention. The ORGANIZATION shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the agreement for a period of four (4) years. The retention period begins on the date of the submission of the CITY’S annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
(3) Client Data. The ORGANIZATION shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited
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to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available to CITY monitors or their designees for review upon request.
(4) Disclosure. The ORGANIZATION understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the CITY’S or ORGANIZATION’s responsibilities with respect to services provided under this contract, is prohibited by the State or Federal law unless written consent is obtained from such person receiving service and, in the case of minor, that of a responsible parent/guardian.
(5) Close-outs. The ORGANIZATION’s obligation to the CITY shall not end until all 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 receivable to the CITY), and determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the ORGANIZATION has control over CDBG funds, including program income. (6) Audits and Inspections. All ORGANIZATION records with respect to any matters covered by this Agreement shall be made available to the CITY, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the ORGANIZATION within 30 days after receipt by the ORGANIZATION. Failure of the ORGANIZATION to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The ORGANIZATION hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning ORGANIZATIONS audits and 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars including OMB circular A-133.
If, as a result of any audit, any improper expenditures are revealed by the ORGANIZATION, its officers, agents, servants, employees and /or subcontractors, of the funds granted hereunder, and such questioned costs are disallowed under the procedures of the party by whom or on whose behalf said audit is conducted, then the amount of such disallowed cost shall constitute liquidated damages for the breach of that portion of the Agreement audited. In case of such disallowed cost, ORGANIZATION agrees to repay the CITY said sum as liquidated damages for the ORGANIZATIONS failure to perform the duties, bear the liabilities and fulfill the obligations imposed upon it by this Agreement.
(c) Reporting and Payment Procedures
(1) Program Income. The ORGANIZATION shall report to the CITY any interest or other income earned as a direct result of the use of the CDBG funds for the program outlined within this Agreement. The ORGANIZATION shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. All program income derived from the project, if any, shall revert to the CITY for use in the Community Development Block Grant program.
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(2) Payment Procedures. The CITY will pay to the ORGANIZATION funds available under this Agreement based upon information submitted by the ORGANIZATION and consistent with the approved budget in Exhibit A. Payments will be made for eligible expenses actually incurred by the ORGANIZATION on a reimbursement basis. The CITY shall not provide any payments in advance of actual expenditures by the ORGANIZATION. Payments will be adjusted by the CITY in accordance with program income balances available in ORGANIZATION accounts. Payment requests shall include documentation to verify that the expenditure of funds is consistent with the project description as approved. Prior to reimbursing the ORGANIZATION, the CITY will verify the ORGANIZATION has provided the required draw.
Funding is contingent upon the CITY receiving Community Development Block Grant funds from HUD.
(3) Progress Reports. The ORGANIZATION shall submit regular Progress Reports to the CITY in the form, content, and frequency as required by the CITY. (d) Procurement
(1) Compliance. The ORGANIZATION shall comply with current CITY policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the CITY upon termination of this Agreement.
(2) Uniform Requirements. Unless specified otherwise within this agreement, the ORGANIZATION shall procure all materials, property, or services in accordance with the requirements of 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars. (3) Travel. The ORGANIZATION shall obtain written approval from the CITY for any travel outside the metropolitan area with funds provided under this Agreement. (e) Use and Reversion of Assets.
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 200, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following; (1) The ORGANIZATION shall transfer to the CITY any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
(2) In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment).
Equipment not needed by the ORGANIZATION for activities under this Agreement shall be (a) transferred to the CITY for the CDBG program or (b) retained after compensating the CITY an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
8. INSURANCE: ORGANIZATION shall not commence work under this Agreement until
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ORGANIZATION has obtained CITY’S approval regarding all insurance requirements, forms, endorsements, amounts, and carrier ratings, nor shall ORGANIZATION allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. ORGANIZATION shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by ORGANIZATION, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to CITY.
(a) General Liability Insurance: ORGANIZATION shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. ORGANIZATION’s general liability policies shall be primary and not seek contribution from the CITY’S coverages, and be endorsed using Insurance Services Office form CG 20 10 to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
(b) Workers’ Compensation Insurance: ORGANIZATION shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). ORGANIZATION shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
(c) Auto Insurance: ORGANIZATION shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If ORGANIZATION owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
(d) Professional Liability Insurance: When applicable, ORGANIZATION shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and ORGANIZATION agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (e) Deductibles and Self-Insured Retentions: Upon request of CITY, any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) ORGANIZATION shall provide a financial guarantee satisfactory to CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses.
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(f) Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
(1) CITY, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of ORGANIZATION, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the contract. General liability coverage can be provided in the form of an endorsement to ORGANIZATION’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and ORGANIZATIONs Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the program, ORGANIZATION’s insurance coverage shall be primary insurance as respects CITY and any insurance or self-insurance maintained by CITY shall be excess of ORGANIZATION’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to CITY under this Agreement, the insurer, broker/producer, or ORGANIZATION shall provide CITY with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (g) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which the CITY has provided prior approval.
(h) Verification of Coverage: ORGANIZATION shall furnish CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this section. All certificates and endorsements are to be received and approved by CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive ORGANIZATION’s obligation to provide them. CITY reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.
(i) Waiver of Subrogation: With the exception of professional liability, ORGANIZATION hereby agrees to waive subrogation which any insurer of ORGANIZATION may acquire from ORGANIZATION by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of CITY for all work performed by ORGANIZATION, its agents, employees, independent contractors and subcontractors. ORGANIZATION agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. (j) Subcontractors: ORGANIZATION shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
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9. INDEMNIFICATION:
Indemnity for Professional Liability: When the law establishes a professional standard of care for ORGANIZATION’s Services, to the fullest extent permitted by law, ORGANIZATION shall indemnify, protect, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the ORGANIZATION (and its Subcontractors) are responsible for such damages, liabilities and costs on a comparative basis of fault between the ORGANIZATION (and its Subcontractors) and the CITY in the performance of professional services under this Agreement. ORGANIZATION shall not be obligated to defend or indemnify CITY for the CITY’s own negligence.
Indemnity for other than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, ORGANIZATION shall indemnify, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by ORGANIZATION or by any individual or agency for which ORGANIZATION is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of ORGANIZATION.
10. PERSONNEL & PARTICIPANT CONDITIONS
(a) Federal regulations
(1) Section 504. The ORGANIZATION agrees to comply with all Federal regulations issued pursuant to Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federal assisted program. The CITY shall provide the ORGANIZATION with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
(b) Affirmative Action
(1) Approved Plan. The ORGANIZATION agrees that it shall be committed to carry out pursuant to the CITY’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966 to the extent that such Executive Order remains effective. The CITY shall provide Affirmative Action guidelines to the ORGANIZATION to assist in the formulation of such program.
The ORGANIZATION shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
(2) Women- and Minority-Owned Businesses (W/MBE). The
ORGANIZATION will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a
Contract No. 2027-0002 Healthy Alternatives to Violent Environments
business 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 fiftyone (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 American Indians. The ORGANIZATION may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. (3) Access to Records. The ORGANIZATION shall furnish and cause each of its owned organizations or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the CITY, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. (4) Notifications. The ORGANIZATION will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the ORGANIZATION’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The ORGANIZATION will, in all solicitations or advertisements for employees placed by or on behalf of the ORGANIZATION, state that it is an Equal Opportunity or Affirmative Action Employer.
(6) Subcontract Provisions. The ORGANIZATION will include the provisions of Paragraphs 5.(c), Civil Rights, and 10.(b), Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own ORGANIZATIONS or subcontractors.
(c) Employment Restrictions
(1) Prohibited Activity. The ORGANIZATION is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities: inherently religious activities; lobbying; political patronage; and nepotism activities. (2) Labor Standards. The ORGANIZATION agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The ORGANIZATION agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The ORGANIZATION shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.
The ORGANIZATION agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors unengaged under contracts in excess of $2,000 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the
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CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the ORGANIZATION of its obligation, if any, to require payment of the higher wage.
The ORGANIZATION shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. (3) “Section 3” Clause.
a. Compliance. Compliance with the provisions of Section 3 of HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CITY, the ORGANIZATION and any of the ORGANIZATION’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the CITY, the ORGANIZATION and any of the ORGANIZATION’s subrecipients and subcontractors, their successors and assigns, to those sanction specified by the Agreement through which Federal assistance is provided. The ORGANIZATION certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
The ORGANIZATION further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.”
The ORGANIZATION further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project are given to lowand very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participant in other HUD programs.
The ORGANIZATION certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b. Notification. The ORGANIZATION agrees to send to each
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labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts. The ORGANIZATION will include this
Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulation issued by the grantor agency.
The ORGANIZATION will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
(d) Conduct
(1) Assignability. The ORGANIZATION shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY thereto; provided, however, that claims for money due or to become due to the ORGANIZATION from the CITY under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the CITY. (2) Subcontracts
a. Approvals. The ORGANIZATION shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY prior to the execution of such agreement. b. Monitoring. The ORGANIZATION will monitor all
subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of followup actions taken to correct areas of noncompliance. c. Content. The ORGANIZATION shall cause all of the
provisions of this contract in its entirety to be included in and made part of any subcontract executed in the performance of this Agreement.
d. Selection Process. The ORGANIZATION shall undertake
to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements.
Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process.
(3) Hatch Act. The ORGANIZATION agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (4) Conflict of Interest. The ORGANIZATION agrees to abide by the provisions of 2 CFR Part 200 and 570.611, which include (but are not limited to) the following:
a. The ORGANIZATION shall maintain a written code or
standards of conduct that shall govern the performance of its officers, employees or agents
Contract No. 2027-0002 Healthy Alternatives to Violent Environments
engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the ORGANIZATION 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. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the CITY, the ORGANIZATION, or any designated public agency.
(5) Lobbying.
The ORGANIZATION herby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
b. 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 of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(6) Copyright. If this contract results in any copyrightable material or inventions, the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work
Contract No. 2027-0002 Healthy Alternatives to Violent Environments
or materials for government purposes.
(7) Religious Activities. The ORGANIZATION agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.
11. ENVIRONMENTAL CONDITIONS
(a) Air and Water. The ORGANIZATION agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
(1) Clean Air act, 42 U.S.C., 7401, et seq.;
(2) 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;
(3) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
(b) Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the ORGANIZATION 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 construction purposes (including rehabilitation).
(c) Lead-Based Paint. The ORGANIZATION agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require 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 leadbased 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 testing, risk assessment, treatment and/or abatement may be conducted. (d) Historic Preservation. The ORGANIZATION agrees to comply with the Historic Preservation 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 Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state or local historic property list.
12. SEVERABILITY
Contract No. 2027-0002 Healthy Alternatives to Violent Environments
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
13. SPECIAL TERMS AND CONDITIONS.
(a) It is expressly understood and agreed that either party shall have the right to terminate this Agreement upon fifteen (15) days' written notice to the other party. However, ORGANIZATION may not terminate An Assignment of Proceeds and Grant of Lien without written consent of CITY. All reports or accounting provided for herein shall be rendered whether or not falling due within the Agreement period.
(b) Further, CITY reserves the right to immediately terminate this Agreement upon written notification to ORGANIZATION under the following conditions:
(1) Notification by HUD to the CITY that said project is ineligible because of project location, services provided, or any other reason cited by HUD. (2) Notification by HUD to CITY that said project is deficient and that continued support of the project is not providing an adequate level of services to low/moderate income or minority people.
(3) Written notification from HUD to CITY that the program funds made available to CITY are being curtailed, withdrawn, or otherwise restricted. (c) CITY also reserves the right to immediately terminate this Agreement or to reduce the Agreement compensation amount under the following conditions:
(1) Failure of ORGANIZATION to file required reports
(2) Failure of ORGANIZATION to meet project dates
(3) Expenditure of funds under this Agreement for ineligible activities, services or items
(4) Failure to comply with written notice from CITY of substandard performance in scope of services under the terms of this Agreement.
14. OBLIGATIONS OF ORGANIZATION: Throughout the term of this Agreement, ORGANIZATION shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. ORGANIZATION warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement.
ORGANIZATION further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
15. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
Contract No. 2027-0002 Healthy Alternatives to Violent Environments
16. ASSIGNMENT: This agreement is binding upon CITY and ORGANIZATION and their successors. Except as otherwise provided herein, neither CITY nor ORGANIZATION shall assign, sublet, or transfer interest in this Agreement or any part thereof without the prior written consent of the other.
17. NOTICE: Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail, if delivery is by postage paid, registered, or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time:
for ORGANIZATION: Healthy Alternatives to Violent Environments 618 13th Street
Modesto, CA 95354
Telephone: (209) 524-4331
for CITY: City of Turlock
ATTN: Housing Program Manager
Housing Program Services Division
156 South Broadway, Suite 140
Turlock, California 95380-5454
Telephone: (209) 668-5610
18. SECTION HEADINGS AND SUBHEADINGS
The section heading and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
19. WAIVER
The CITY’s failure to act with respect to a breach by the ORGANIZATION does not waive its right to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
20. ENTIRE AGREEMENT
The agreement constitutes the entire agreement between the CITY and the ORGANIZATION for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and the ORGANIZATION with respect to this Agreement.
21. CITY CONTRACT ADMINISTRATOR: The CITY’S contract administrator and contact person for this Agreement is:
Jennifer Figueroa
Housing Program Manager
Housing Program Services Division
156 S. Broadway, Suite 140
Turlock, California 95380-5456
Contract No. 2027-0002 Healthy Alternatives to Violent Environments
Telephone: (209) 668-5610
E-mail: [email protected]
22. EXECUTION AND COUNTERPARTS: This Addendum may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Addendum and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Addendum or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate by and through their respective officer’s thereunto duly authorized by a motion approved by the Turlock City Council on May 26th, 2026.
CITY OF TURLOCK, a municipal corporation Healthy Alternatives to Violent Environments
By: _______________________________ By: ______________________________ Gary R. Hampton, Interim City Manager
Title: ____________________________
Date: _____________________________
Print Name: _______________________
Date: ____________________________
618 13th Street
Modesto, CA 95354
APPROVED AS TO FORM: Telephone: (209) 524-4331
By: _______________________________
Katie O. Lucchesi, City Attorney
Date:______________________________
ATTEST:
By: _______________________________
Nichole Fiez, City Clerk
Date: _____________________________
1 HOUSING PROGRAM SERVICES
156 S. BROADWAY, SUITE 140 | TURLOCK, CALIFORNIA 95380 | PHONE 209-668-5610 | FAX 209-668-5668 | TDD 209-800-735-2929 Conflict of Interest Disclosure
Screening Form
Large Approvals; Non-Profit Entities
Name of Applicant: _____________________
Type of Application: ____________________
I have the authority to certify these matters on behalf of the applicant and its officers. ☐ yes ☐ no Please fill out completely and attach additional sheets if necessary.
Current or Former Employees of the City of Turlock. Are you or any of the applicant’s officers current or former employees of the City of Turlock? ☐ yes ☐ no
If yes, for each individual please state dates of employment, job title(s), city department(s) worked for, and work supervisor(s).
_____________________________________________________________________________________ _____________________________________________________________________________________ Relatives. Are any of your officers related to any employees of the City of Turlock or to any elected or appointed officials (such as members of the City Council, Planning Commission, CDBG Community Grant Selection Committee, the Measure A Oversight Committee or the Loan Committee-see attached list-by answering question you are certifying that you reviewed the attached list)? ☐ yes ☐ no If yes, for each individual please list name(s) of the relative(s) and the nature of the family relationship. _____________________________________________________________________________________ _____________________________________________________________________________________ Economic Conflicts of Interest. Has your entity, you, or any of your officers been a source of income, investment, or gift to any employees of the City of Turlock or to any elected or appointed officials (such as members of the City Council, Planning Commission, CDBG Community Grant Selection Committee, the Measure Healthy Alternatives to Violent Environments (HAVEN)
N/A
N/A
FY 26/27 CDBG Area Benefit
2 A Oversight Committee or the Loan Committee-see attached list-by answering question you are certifying that you reviewed the attached list)? ☐ yes ☐ no
If yes, for each individual please list name(s) of the employee(s) of the City of Turlock and/or any elected or appointed official(s). No other information is necessary at this time as staff will follow-up with you if additional information is needed.
_____________________________________________________________________________________ _____________________________________________________________________________________ Campaign Contribution Conflicts of Interest. Has the entity, you, any of your officers, or any of your representatives or agents made a political campaign contribution in the last twelve (12) months to anyone listed on the attached list? ☐ yes ☐ no
If yes, for each individual please list their name(s), title(s) and also the name of the recipient(s) of the campaign contribution(s) and the amount(s).
_____________________________________________________________________________________ _____________________________________________________________________________________ Please note that the Campaign Contribution Conflict of Interest state law (Cal. Gov. Code §84308) is wide-ranging and covers additional situations other than those addressed in the preceding question. You must review the attached information from the state Fair Political Practices Commission to see if your entity has additional types of conflicts of interest due to campaign contributions from any “party”, “participant” or “agent” as those are defined in state law. After reading the attached information, do you have a campaign contribution conflict of interest? ☐ yes ☐ no If yes, please list below:
_____________________________________________________________________________________ _____________________________________________________________________________________ I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct.
__________________________________________
Print Name & Officer Title
__________________________________________ __________________ Signature Date
Attachments:
-List of Elected & Appointed Officials for City of Turlock (“Officers of the Agency”) -FPPC Advisory entitled “Parties, Participants, Agents, and Section 84308” N/A
N/A
N/A
Brandy Spencer, Director of Youth & Community Services
04/10/2026
Contract No. 2027-0003 Project Sentinel
AGREEMENT
between
CITY OF TURLOCK
And
Project Sentinel
for
Public Services through the Community Development Block Grant (CDBG) Program CONTRACT NO. 2027-0003
THIS AGREEMENT is made this 26th day of May, 2026, by and between the CITY OF TURLOCK, a municipal corporation of the State of California, as the implementer of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, hereinafter referred to as "CITY" and Project Sentinel hereinafter referred to as "ORGANIZATION." W I T N E S S E T H:
WHEREAS, CITY has received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HUD Act), Public Law 93- 383; and
WHEREAS, the CITY wishes to engage the ORGANIZATION to assist the CITY in utilizing such funds; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICE: The ORGANIZATION will be responsible for administering a CDBG 2026-2027 Project Sentinel Fair Housing Resources Public Service Program in a manner satisfactory to the CITY. The Public Service Program shall be provided in accordance with the standards required as a condition of providing these funds and in accordance with Exhibit A attached hereto and incorporated herein by reference. The ORGANIZATION shall provide such Services in accordance with 24 CFR § 570 et seq and all other applicable federal state or local laws, rules or regulations.
(a) National Objectives: All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The ORGANIZATION certifies that the activity carried out under this Agreement will meet the National Objective specified in Exhibit A. (b) Levels of Accomplishment-Goals and Performance Measures: The ORGANIZATION agrees to provide levels of program services specified in Exhibit A.
Contract No. 2027-0003 Project Sentinel
(c) Staffing: The ORGANIZATION agrees to provide levels of staffing for the program as specified in Exhibit A.
(d) Performance Monitoring: The CITY will monitor the performance of the ORGANIZATION against goals and performance standards as stated in Exhibit A. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the ORGANIZATION within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated.
2. COMPENSATION: ORGANIZATION shall be paid a total consideration of not to exceed Fifteen Thousand and no/100 ths Dollars ($15,000), for full performance of the Public Services specified under this Agreement, in conformity with the approved program proposal and budget document which is attached to this Agreement as Exhibit A. The amount set forth in this section is not a guarantee of the compensation that ORGANIZATION will receive, but rather is merely a limit of potential CITY expenditures under this Agreement. ORGANIZATION will be paid for services actually performed in accordance with the requirements of this Section. The CITY may require a more detailed budget breakdown than the one provided in Exhibit A and the ORGANIZATION shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the CITY. Any amendments to the budget must be approved in writing by both the CITY and the ORGANIZATION. ORGANIZATION agrees that compensation shall be paid in the manner and at the times set forth below:
(a) Payment:
(1) Funds will be dispersed on a draw basis as costs are incurred and can be drawn monthly. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Exhibit A and in accordance with performance.
(2) The request for a draw will be accompanied by documentation of the costs which would include such information as invoices and timecards. The request will also include data of the persons served through the program including, but not limited to, income, race/ethnicity, and statistics data required by HUD, and such other information as the CITY may request. First Draw can be requested after October 1, 2026. Final draw must be requested before June 15th, 2027
(3) Payments may be contingent upon certification of the ORGANIZATION’S financial management system in accordance with the standards specified in 2 CFR 200.
(4) ORGANIZATION shall notify CITY in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Agreement. (5) Not more often than monthly, CITY shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. CITY shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
Contract No. 2027-0003 Project Sentinel
3. TERM OF AGREEMENT. The Services of ORGANIZATION are to commence on July 1, 2026, and end on June 30, 2027, unless the term of the agreement is otherwise terminated or extended, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Agreement. The point of contact for CITY shall be the City of Turlock, Housing Program Services Division, 156 South Broadway, Suite 140, Turlock, California, 95380.
4. GENERAL CONDITIONS. The ORGANIZATION agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) the ORGANIZATION does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the ORGANIZATION does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The ORGANIZATION also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided for under this contract. The ORGANIZATION further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. (a) ORGANIZATION agrees to submit quarterly program status reports to CITY, and other reports as may be required by CITY.
(b) ORGANIZATION agrees to maintain racial, ethnic, gender, head of household and family size data showing the extent to which these categories of persons have participated in, or benefited from, the project, and to provide such data in an activity report to CITY quarterly.
(c) ORGANIZATION agrees to keep all necessary books and records, including property, personnel and financial records, in connection with the operations and services performed under this Agreement, and shall document all transactions so that all expenditures may be properly audited.
(d) ORGANIZATION agrees that CITY or any authorized representative has access to and the right to examine all records, books, papers or documents related to the program/scope of services/project.
(e) ORGANIZATION agrees to provide to CITY at ORGANIZATION's cost, a certified audit performed by an accredited certified public accountant, of all funds received or utilized by ORGANIZATION, including the distribution of Community Development Block Grant Funds for fiscal year 2025-2026 to be delivered to CITY by October 1, 2025 or within 30 days of receipt of ORGANIZATION’s audited financials, whichever is later. (f) ORGANIZATION hereby warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of ORGANIZATION who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Agreement.
Contract No. 2027-0003 Project Sentinel
(g) The undersigned persons signing as officers on behalf of ORGANIZATION, a party to this Agreement, hereby severally warrants and represents that said persons have authority to enter into this Agreement on behalf of said ORGANIZATION and to bind the same to this Agreement, and, further that said ORGANIZATION has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Agreement.
(h) CITY shall not be responsible or liable for any debts, actions, obligations, negligence, or liabilities committed or incurred by ORGANIZATION, its staff or clientele, and ORGANIZATION hereby agrees to defend, hold harmless and indemnify CITY from and against any and all liabilities for debts, obligations, and negligence. No payment, however, final or otherwise, shall operate to release ORGANIZATION from any obligations under this Agreement.
Should either party be required to bring a legal action to enforce the provisions of this Agreement, the prevailing party shall be reimbursed for all court costs and all reasonable attorney's fees incurred in the prosecution or defense of said action.
(i) Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another.
ORGANIZATION is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including but not limited to medical, unemployment, or Workers' Compensation insurance.
5. OTHER PROVISIONS.
(a) During the performance of this Agreement, ORGANIZATION agrees as follows:
(1) ORGANIZATION shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, sexual orientation, ancestry, national origin, familial status, veterans status, or any other basis prohibited by applicable law. ORGANIZATION shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age, handicap, sexual orientation, familial status, veterans status, 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.
ORGANIZATION agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) ORGANIZATION will, in all solicitations or advertisements for employees placed by or on behalf of ORGANIZATION, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, sexual orientation, ancestry, national origin, veterans status, familial status, or any other basis prohibited by applicable law.
(b) EQUAL OPPORTUNITY IN PARTICIPATION. Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformance with CITY
Contract No. 2027-0003 Project Sentinel
policy and all requirements imposed by or pursuant to the Regulations of the Department of Housing and Urban Development (24 CFR Part 570.602 issued pursuant to this section), ORGANIZATION shall not exclude any persons from participation in the program on the basis race, color, national origin, religion, or sex.
(c) Civil Rights
(1) Compliance. The ORGANIZATION agrees to comply with the civil rights laws of the State of California and with Title VI of the Civil Rights 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 Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086 as such laws and orders may be amended, modified or repealed from time to time and such other executive orders as may be applicable. (2) Nondiscrimination. The ORGANIZATION agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279 as such laws and orders may be amended, modified or repealed from time to time. The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable. (d) BUSINESS AND EMPLOYMENT OPPORTUNITIES FOR
LOW/MODERATE INCOME RESIDENTS. ORGANIZATION 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 HUD regulations issued pursuant thereto at 24 CFR Part 135, to the extent applicable. This act requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area. (e) DRUG-FREE WORK PLACE. Organization will maintain a drug free work place and will comply with all applicable Federal, State and local laws pertaining to a drug-free work place.
(f) PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction. To the extent that any such laws are amended or repealed, ORGANIZATION shall comply with such laws as amended or repealed.
6. CITY RECOGNITION. The ORGANIZATION shall insure recognition of the role of the CITY in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the ORGANIZATION will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
7. ADMINISTRATIVE REQUIREMENTS.
(a) Financial Management
Contract No. 2027-0003 Project Sentinel
(1) Accounting Standards. The ORGANIZATION agrees to comply with 2 CFR Part 200 and agrees to adhere to the accounting principles and procedures required therein, utilized adequate internal controls, and maintain necessary source documentation for all costs incurred.
(2) Cost Principles. The ORGANIZATION shall administer its program in conformance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars including OMB Circulars A-122, “Cost Principles for Non-Profit Organization,” or A-21, “Cost Principles for Educational Institutions,” or A-87, “Cost Principles for State, Local and Indian Tribal Governments,” as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. (b) Documentation and Record Keeping.
(1) Records to be maintained. The ORGANIZATION shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities; d. Records required to document the acquisition,
improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity component of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 2 CFR Part 200;
g. Other records necessary to document compliance with
Subpart K of 24 CFR Part 570.
(2) Retention. The ORGANIZATION shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the agreement for a period of four (4) years. The retention period begins on the date of the submission of the CITY’S annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
(3) Client Data. The ORGANIZATION shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of
Contract No. 2027-0003 Project Sentinel
service provided. Such information shall be made available to CITY monitors or their designees for review upon request.
(4) Disclosure. The ORGANIZATION understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the CITY’S or ORGANIZATION’s responsibilities with respect to services provided under this contract, is prohibited by the State or Federal law unless written consent is obtained from such person receiving service and, in the case of minor, that of a responsible parent/guardian.
(5) Close-outs. The ORGANIZATION’s obligation to the CITY shall not end until all 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 receivable to the CITY), and determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the ORGANIZATION has control over CDBG funds, including program income. (6) Audits and Inspections. All ORGANIZATION records with respect to any matters covered by this Agreement shall be made available to the CITY, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the ORGANIZATION within 30 days after receipt by the ORGANIZATION. Failure of the ORGANIZATION to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The ORGANIZATION hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning ORGANIZATIONS audits and 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars including OMB circular A-133.
If, as a result of any audit, any improper expenditures are revealed by the ORGANIZATION, its officers, agents, servants, employees and /or subcontractors, of the funds granted hereunder, and such questioned costs are disallowed under the procedures of the party by whom or on whose behalf said audit is conducted, then the amount of such disallowed cost shall constitute liquidated damages for the breach of that portion of the Agreement audited. In case of such disallowed cost, ORGANIZATION agrees to repay the CITY said sum as liquidated damages for the ORGANIZATIONS failure to perform the duties, bear the liabilities and fulfill the obligations imposed upon it by this Agreement.
(c) Reporting and Payment Procedures
(1) Program Income. The ORGANIZATION shall report to the CITY any interest or other income earned as a direct result of the use of the CDBG funds for the program outlined within this Agreement. The ORGANIZATION shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. All program income derived from the project, if any, shall revert to the CITY for use in the Community Development Block Grant program.
(2) Payment Procedures. The CITY will pay to the ORGANIZATION
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funds available under this Agreement based upon information submitted by the ORGANIZATION and consistent with the approved budget in Exhibit A. Payments will be made for eligible expenses actually incurred by the ORGANIZATION on a reimbursement basis. The CITY shall not provide any payments in advance of actual expenditures by the ORGANIZATION. Payments will be adjusted by the CITY in accordance with program income balances available in ORGANIZATION accounts. Payment requests shall include documentation to verify that the expenditure of funds is consistent with the project description as approved. Prior to reimbursing the ORGANIZATION, the CITY will verify the ORGANIZATION has provided the required draw.
Funding is contingent upon the CITY receiving Community Development Block Grant funds from HUD.
(3) Progress Reports. The ORGANIZATION shall submit regular Progress Reports to the CITY in the form, content, and frequency as required by the CITY. (d) Procurement
(1) Compliance. The ORGANIZATION shall comply with current CITY policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the CITY upon termination of this Agreement.
(2) Uniform Requirements. Unless specified otherwise within this agreement, the ORGANIZATION shall procure all materials, property, or services in accordance with the requirements of 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars. (3) Travel. The ORGANIZATION shall obtain written approval from the CITY for any travel outside the metropolitan area with funds provided under this Agreement. (e) Use and Reversion of Assets.
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 200, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following; (1) The ORGANIZATION shall transfer to the CITY any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
(2) In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment).
Equipment not needed by the ORGANIZATION for activities under this Agreement shall be (a) transferred to the CITY for the CDBG program or (b) retained after compensating the CITY an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
8. INSURANCE: ORGANIZATION shall not commence work under this Agreement until ORGANIZATION has obtained CITY’S approval regarding all insurance requirements, forms,
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endorsements, amounts, and carrier ratings, nor shall ORGANIZATION allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. ORGANIZATION shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by ORGANIZATION, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to CITY.
(a) General Liability Insurance: ORGANIZATION shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. ORGANIZATION’s general liability policies shall be primary and not seek contribution from the CITY’S coverages, and be endorsed using Insurance Services Office form CG 20 10 to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
(b) Workers’ Compensation Insurance: ORGANIZATION shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). ORGANIZATION shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
(c) Auto Insurance: ORGANIZATION shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If ORGANIZATION owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
(d) Professional Liability Insurance: When applicable, ORGANIZATION shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and ORGANIZATION agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (e) Deductibles and Self-Insured Retentions: Upon request of CITY, any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) ORGANIZATION shall provide a financial guarantee satisfactory to CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses. (f) Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
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(1) CITY, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of ORGANIZATION, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the contract. General liability coverage can be provided in the form of an endorsement to ORGANIZATION’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and ORGANIZATIONs Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the program, ORGANIZATION’s insurance coverage shall be primary insurance as respects CITY and any insurance or self-insurance maintained by CITY shall be excess of ORGANIZATION’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to CITY under this Agreement, the insurer, broker/producer, or ORGANIZATION shall provide CITY with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (g) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which the CITY has provided prior approval.
(h) Verification of Coverage: ORGANIZATION shall furnish CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this section. All certificates and endorsements are to be received and approved by CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive ORGANIZATION’s obligation to provide them. CITY reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.
(i) Waiver of Subrogation: With the exception of professional liability, ORGANIZATION hereby agrees to waive subrogation which any insurer of ORGANIZATION may acquire from ORGANIZATION by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of CITY for all work performed by ORGANIZATION, its agents, employees, independent contractors and subcontractors. ORGANIZATION agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. (j) Subcontractors: ORGANIZATION shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
9. INDEMNIFICATION:
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Indemnity for Professional Liability: When the law establishes a professional standard of care for ORGANIZATION’s Services, to the fullest extent permitted by law, ORGANIZATION shall indemnify, protect, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the ORGANIZATION (and its Subcontractors) are responsible for such damages, liabilities and costs on a comparative basis of fault between the ORGANIZATION (and its Subcontractors) and the CITY in the performance of professional services under this Agreement. ORGANIZATION shall not be obligated to defend or indemnify CITY for the CITY’s own negligence.
Indemnity for other than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, ORGANIZATION shall indemnify, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by ORGANIZATION or by any individual or agency for which ORGANIZATION is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of ORGANIZATION.
10. PERSONNEL & PARTICIPANT CONDITIONS
(a) Federal regulations
(1) Section 504. The ORGANIZATION agrees to comply with all Federal regulations issued pursuant to Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federal assisted program. The CITY shall provide the ORGANIZATION with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
(b) Affirmative Action
(1) Approved Plan. The ORGANIZATION agrees that it shall be committed to carry out pursuant to the CITY’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966 to the extent that such Executive Order remains effective. The CITY shall provide Affirmative Action guidelines to the ORGANIZATION to assist in the formulation of such program.
The ORGANIZATION shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
(2) Women- and Minority-Owned Businesses (W/MBE). The
ORGANIZATION will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business 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 fiftyPage 921 of 1436 Contract No. 2027-0003 Project Sentinel
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 American Indians. The ORGANIZATION may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. (3) Access to Records. The ORGANIZATION shall furnish and cause each of its owned organizations or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the CITY, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. (4) Notifications. The ORGANIZATION will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the ORGANIZATION’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The ORGANIZATION will, in all solicitations or advertisements for employees placed by or on behalf of the ORGANIZATION, state that it is an Equal Opportunity or Affirmative Action Employer.
(6) Subcontract Provisions. The ORGANIZATION will include the provisions of Paragraphs 5.(c), Civil Rights, and 10.(b), Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own ORGANIZATIONS or subcontractors.
(c) Employment Restrictions
(1) Prohibited Activity. The ORGANIZATION is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities: inherently religious activities; lobbying; political patronage; and nepotism activities. (2) Labor Standards. The ORGANIZATION agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The ORGANIZATION agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The ORGANIZATION shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.
The ORGANIZATION agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors unengaged under contracts in excess of $2,000 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and
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ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the ORGANIZATION of its obligation, if any, to require payment of the higher wage.
The ORGANIZATION shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. (3) “Section 3” Clause.
a. Compliance. Compliance with the provisions of Section 3 of HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CITY, the ORGANIZATION and any of the ORGANIZATION’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the CITY, the ORGANIZATION and any of the ORGANIZATION’s subrecipients and subcontractors, their successors and assigns, to those sanction specified by the Agreement through which Federal assistance is provided. The ORGANIZATION certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
The ORGANIZATION further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.”
The ORGANIZATION further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project are given to lowand very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participant in other HUD programs.
The ORGANIZATION certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b. Notification. The ORGANIZATION agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s
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representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts. The ORGANIZATION will include this
Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulation issued by the grantor agency.
The ORGANIZATION will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
(d) Conduct
(1) Assignability. The ORGANIZATION shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY thereto; provided, however, that claims for money due or to become due to the ORGANIZATION from the CITY under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the CITY. (2) Subcontracts
a. Approvals. The ORGANIZATION shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY prior to the execution of such agreement. b. Monitoring. The ORGANIZATION will monitor all
subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of followup actions taken to correct areas of noncompliance. c. Content. The ORGANIZATION shall cause all of the
provisions of this contract in its entirety to be included in and made part of any subcontract executed in the performance of this Agreement.
d. Selection Process. The ORGANIZATION shall undertake
to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements.
Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process.
(3) Hatch Act. The ORGANIZATION agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (4) Conflict of Interest. The ORGANIZATION agrees to abide by the provisions of 2 CFR Part 200 and 570.611, which include (but are not limited to) the following:
a. The ORGANIZATION shall maintain a written code or
standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
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b. No employee, officer or agent of the ORGANIZATION 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. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the CITY, the ORGANIZATION, or any designated public agency.
(5) Lobbying.
The ORGANIZATION herby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
b. 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 of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(6) Copyright. If this contract results in any copyrightable material or inventions, the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for government purposes.
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(7) Religious Activities. The ORGANIZATION agrees that funds provided under this Agreement will not be utilized for inherently religious activities prohibited by 24 CFR 570.200(j), such as worship, religious instruction, or proselytization.
11. ENVIRONMENTAL CONDITIONS
(a) Air and Water. The ORGANIZATION agrees to comply with the following requirements insofar as they apply to the performance of this Agreement:
(1) Clean Air act, 42 U.S.C., 7401, et seq.;
(2) 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;
(3) Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
(b) Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the ORGANIZATION 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 construction purposes (including rehabilitation).
(c) Lead-Based Paint. The ORGANIZATION agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR 570.608, and 24 CFR Part 35, Subpart B. Such regulations pertain to all CDBG-assisted housing and require 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 leadbased 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 testing, risk assessment, treatment and/or abatement may be conducted. (d) Historic Preservation. The ORGANIZATION agrees to comply with the Historic Preservation 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 Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, state or local historic property list.
12. SEVERABILITY
If any provision of this Agreement is held invalid, the remainder of the Agreement shall not
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be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
13. SPECIAL TERMS AND CONDITIONS.
(a) It is expressly understood and agreed that either party shall have the right to terminate this Agreement upon fifteen (15) days' written notice to the other party. However, ORGANIZATION may not terminate An Assignment of Proceeds and Grant of Lien without written consent of CITY. All reports or accounting provided for herein shall be rendered whether or not falling due within the Agreement period.
(b) Further, CITY reserves the right to immediately terminate this Agreement upon written notification to ORGANIZATION under the following conditions:
(1) Notification by HUD to the CITY that said project is ineligible because of project location, services provided, or any other reason cited by HUD. (2) Notification by HUD to CITY that said project is deficient and that continued support of the project is not providing an adequate level of services to low/moderate income or minority people.
(3) Written notification from HUD to CITY that the program funds made available to CITY are being curtailed, withdrawn, or otherwise restricted. (c) CITY also reserves the right to immediately terminate this Agreement or to reduce the Agreement compensation amount under the following conditions:
(1) Failure of ORGANIZATION to file required reports
(2) Failure of ORGANIZATION to meet project dates
(3) Expenditure of funds under this Agreement for ineligible activities, services or items
(4) Failure to comply with written notice from CITY of substandard performance in scope of services under the terms of this Agreement.
14. OBLIGATIONS OF ORGANIZATION: Throughout the term of this Agreement, ORGANIZATION shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. ORGANIZATION warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the CITY with the services contemplated by this Agreement.
ORGANIZATION further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.
15. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
16. ASSIGNMENT: This agreement is binding upon CITY and ORGANIZATION and
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their successors. Except as otherwise provided herein, neither CITY nor ORGANIZATION shall assign, sublet, or transfer interest in this Agreement or any part thereof without the prior written consent of the other.
17. NOTICE: Any and all notices permitted or required to be given hereunder shall be deemed duly given and effective (1) upon actual delivery, if delivery is by hand; or (2) five (5) days after delivery into the United States mail, if delivery is by postage paid, registered, or certified (return receipt requested) mail. Each such notice shall be sent to the parties at the address respectively indicated below or to any other address as the respective parties may designate from time to time:
for ORGANIZATION: Project Sentinel
1490 El Camino Real
Santa Clara, CA 95050
Telephone: (408) 720-9888
for CITY: City of Turlock
ATTN: Housing Program Manager
Housing Program Services Division
156 South Broadway, Suite 140
Turlock, California 95380-5454
Telephone: (209) 668-5610
18. SECTION HEADINGS AND SUBHEADINGS
The section heading and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
19. WAIVER
The CITY’s failure to act with respect to a breach by the ORGANIZATION does not waive its right to act with respect to subsequent or similar breaches. The failure of the CITY to exercise or enforce any right or provision shall not constitute a waiver of such right or provision.
20. ENTIRE AGREEMENT
The agreement constitutes the entire agreement between the CITY and the ORGANIZATION for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the CITY and the ORGANIZATION with respect to this Agreement.
21. CITY CONTRACT ADMINISTRATOR: The CITY’S contract administrator and contact person for this Agreement is:
Jennifer Figueroa
Housing Program Manager
Housing Program Services Division
156 S. Broadway, Suite 140
Turlock, California 95380-5456
Telephone: (209) 668-5610
E-mail: [email protected]
Contract No. 2027-0003 Project Sentinel
22. EXECUTION AND COUNTERPARTS: This Addendum may be executed simultaneously, and in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Addendum and any other documents to be delivered in connection herewith may be electronically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatures in pdf or similar format, and that any electronic signatures appearing on this Addendum or such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate by and through their respective officer’s thereunto duly authorized by a motion approved by the Turlock City Council on May 26th, 2026.
CITY OF TURLOCK, a municipal corporation Project Sentinel
By: _______________________________ By: ______________________________ Gary R. Hampton, Interim City Manager
Title: ____________________________
Date: _____________________________
Print Name: _______________________
Date: ____________________________
1490 El Camino Real
Santa Clara, CA 95050
APPROVED AS TO FORM: Telephone: (408) 720-9888
By: _______________________________
Katie O. Lucchesi, City Attorney
Date:______________________________
ATTEST:
By: _______________________________
Nichole Fiez, City Clerk
Date: _____________________________
1 HOUSING PROGRAM SERVICES
156 S. BROADWAY, SUITE 140 | TURLOCK, CALIFORNIA 95380 | PHONE 209-668-5610 | FAX 209-668-5668 | TDD 209-800-735-2929 Conflict of Interest Disclosure
Screening Form
Large Approvals; Non-Profit Entities
Name of Applicant: _____________________
Type of Application: ____________________
I have the authority to certify these matters on behalf of the applicant and its officers. ☐ yes ☐ no Please fill out completely and attach additional sheets if necessary.
Current or Former Employees of the City of Turlock. Are you or any of the applicant’s officers current or former employees of the City of Turlock? ☐ yes ☐ no
If yes, for each individual please state dates of employment, job title(s), city department(s) worked for, and work supervisor(s).
_____________________________________________________________________________________ _____________________________________________________________________________________ Relatives. Are any of your officers related to any employees of the City of Turlock or to any elected or appointed officials (such as members of the City Council, Planning Commission, CDBG Community Grant Selection Committee, the Measure A Oversight Committee or the Loan Committee-see attached list-by answering question you are certifying that you reviewed the attached list)? ☐ yes ☐ no If yes, for each individual please list name(s) of the relative(s) and the nature of the family relationship. _____________________________________________________________________________________ _____________________________________________________________________________________ Economic Conflicts of Interest. Has your entity, you, or any of your officers been a source of income, investment, or gift to any employees of the City of Turlock or to any elected or appointed officials (such as members of the City Council, Planning Commission, CDBG Community Grant Selection Committee, the Measure Project Sentinel
Grant Application
2 A Oversight Committee or the Loan Committee-see attached list-by answering question you are certifying that you reviewed the attached list)? ☐ yes ☐ no
If yes, for each individual please list name(s) of the employee(s) of the City of Turlock and/or any elected or appointed official(s). No other information is necessary at this time as staff will follow-up with you if additional information is needed.
_____________________________________________________________________________________ _____________________________________________________________________________________ Campaign Contribution Conflicts of Interest. Has the entity, you, any of your officers, or any of your representatives or agents made a political campaign contribution in the last twelve (12) months to anyone listed on the attached list? ☐ yes ☐ no
If yes, for each individual please list their name(s), title(s) and also the name of the recipient(s) of the campaign contribution(s) and the amount(s).
_____________________________________________________________________________________ _____________________________________________________________________________________ Please note that the Campaign Contribution Conflict of Interest state law (Cal. Gov. Code §84308) is wide-ranging and covers additional situations other than those addressed in the preceding question. You must review the attached information from the state Fair Political Practices Commission to see if your entity has additional types of conflicts of interest due to campaign contributions from any “party”, “participant” or “agent” as those are defined in state law. After reading the attached information, do you have a campaign contribution conflict of interest? ☐ yes ☐ no If yes, please list below:
_____________________________________________________________________________________ _____________________________________________________________________________________ I declare under penalty of perjury under the laws of the State of California that the forgoing is true and correct.
__________________________________________
Print Name & Officer Title
__________________________________________ __________________ Signature Date
Attachments:
-List of Elected & Appointed Officials for City of Turlock (“Officers of the Agency”) -FPPC Advisory entitled “Parties, Participants, Agents, and Section 84308” Carole Conn, Executive Director
4/13/26
CITY OF TURLOCK SELF-CERTIFICATION FORM FOR APPLICANTS - GRANTS, PERMITS, CONTRACTS and OTHER APPROVALS
Name of Applicant: _____________________________
Type of Application: ____________________________
I am the applicant or have the authority to certify these matters on behalf of the applicant. ___Yes ___No
If applicant is not a person(s), please list the applicant’s entity type (e.g., corporation, LLC, limited partnership, general partnership, non-profit corporation, unincorporated association, government entity, etc.) ____________________________________________________ The applicant is current on all monies owed to the City of Turlock for utility bills, business licenses, and other matters.
___Yes ___No
If “No”, please list monies that are overdue and owed to the City: _______________________ ____ (This is not necessarily disqualifying for your application. City staff will follow up with you if necessary.) The applicant is current on state and federal income tax filings. ___Yes ___No
If “No”, please describe:
___________________________________________________________________ The applicant has no tax liens (any type) filed against it. ___Yes ___No (“Yes” means there are no tax liens, “No” means there are tax liens).
If “No”, please describe type(s) and amount(s) of tax lien(s):
___________________________________________________________________ If required by the Turlock Municipal Code, the applicant has a City of Turlock business license or will obtain one upon receipt of the approval.
___Yes ___No
☐ (Answer only if box checked). The role of President/CEO of the applicant is held by a different person than the role of Treasurer/CFO.
___Yes ___No
Project Sentinel
Grant Application
Non-Profit Corporation
If “No”, please explain:
____________________________________________________________________ ☐ (Answer only if box checked). Please provide documentation of how the applicant meets the objectives of the approval applied for:
_____________________________________________________________________________________ ________________________________________
The applicant understands that applicant may be asked to update this information prior to or after receipt of the approval applied for.
___Yes ___No
I declare under penalty of perjury under the laws of the State of California that my answers to the above questions are true and correct to the best of my actual knowledge. _
Signature:
_
Print Name:
Date:
Carole Conn
4/13/26
Contract No. 2027-0005 We Care Program - Turlock
AGREEMENT
between
CITY OF TURLOCK
And
We Care Program - Turlock
for
Public Services through the Community Development Block Grant (CDBG) Program CONTRACT NO. 2027-0005
THIS AGREEMENT is made this 26th day of May, 2026, by and between the CITY OF TURLOCK, a municipal corporation of the State of California, as the implementer of the COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, hereinafter referred to as "CITY" and We Care Program - Turlock hereinafter referred to as "ORGANIZATION." W I T N E S S E T H:
WHEREAS, CITY has received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, as amended (HUD Act), Public Law 93- 383; and
WHEREAS, the CITY wishes to engage the ORGANIZATION to assist the CITY in utilizing such funds; and
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. SCOPE OF SERVICE: The ORGANIZATION will be responsible for administering a CDBG 2026-2027 We Care Emergency Shelter Public Service Program in a manner satisfactory to the CITY. The Public Service Program shall be provided in accordance with the standards required as a condition of providing these funds and in accordance with Exhibit A attached hereto and incorporated herein by reference. The ORGANIZATION shall provide such Services in accordance with 24 CFR § 570 et seq and all other applicable federal state or local laws, rules or regulations.
(a) National Objectives: All activities funded with CDBG funds must meet one of the CDBG program’s National Objectives: benefit low- and moderate-income persons; aid in the prevention or elimination of slums or blight; or meet community development needs having a particular urgency, as defined in 24 CFR 570.208. The ORGANIZATION certifies that the activity carried out under this Agreement will meet the National Objective specified in Exhibit A. (b) Levels of Accomplishment-Goals and Performance Measures: The ORGANIZATION agrees to provide levels of program services specified in Exhibit A.
Contract No. 2027-0005 We Care Program - Turlock
(c) Staffing: The ORGANIZATION agrees to provide levels of staffing for the program as specified in Exhibit A.
(d) Performance Monitoring: The CITY will monitor the performance of the ORGANIZATION against goals and performance standards as stated in Exhibit A. Substandard performance as determined by the CITY will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the ORGANIZATION within a reasonable period of time after being notified by the CITY, contract suspension or termination procedures will be initiated.
2. COMPENSATION: ORGANIZATION shall be paid a total consideration of not to exceed Twenty Thousand and no/100 ths Dollars ($20,000), for full performance of the Public Services specified under this Agreement, in conformity with the approved program proposal and budget document which is attached to this Agreement as Exhibit A. The amount set forth in this section is not a guarantee of the compensation that ORGANIZATION will receive, but rather is merely a limit of potential CITY expenditures under this Agreement. ORGANIZATION will be paid for services actually performed in accordance with the requirements of this Section. The CITY may require a more detailed budget breakdown than the one provided in Exhibit A and the ORGANIZATION shall provide such supplementary budget information in a timely fashion in the form and content prescribed by the CITY. Any amendments to the budget must be approved in writing by both the CITY and the ORGANIZATION. ORGANIZATION agrees that compensation shall be paid in the manner and at the times set forth below:
(a) Payment:
(1) Funds will be dispersed on a draw basis as costs are incurred and can be drawn monthly. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance. Expenses for general administration shall also be paid against the line item budgets specified in Exhibit A and in accordance with performance.
(2) The request for a draw will be accompanied by documentation of the costs which would include such information as invoices and timecards. The request will also include data of the persons served through the program including, but not limited to, income, race/ethnicity, and statistics data required by HUD, and such other information as the CITY may request. First Draw can be requested after October 1, 2026. Final draw must be requested before June 15th, 2027
(3) Payments may be contingent upon certification of the ORGANIZATION’S financial management system in accordance with the standards specified in 2 CFR 200.
(4) ORGANIZATION shall notify CITY in writing of all authorized personnel who shall be empowered to file requests for payment pursuant to this Agreement. (5) Not more often than monthly, CITY shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. CITY shall pay undisputed invoices that comply with the above requirements within 30 days from the receipt of the invoice.
Contract No. 2027-0005 We Care Program - Turlock
3. TERM OF AGREEMENT. The Services of ORGANIZATION are to commence on July 1, 2026, and end on June 30, 2027, unless the term of the agreement is otherwise terminated or extended, and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this Agreement. The point of contact for CITY shall be the City of Turlock, Housing Program Services Division, 156 South Broadway, Suite 140, Turlock, California, 95380.
4. GENERAL CONDITIONS. The ORGANIZATION agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) the ORGANIZATION does not assume the recipient’s environmental responsibilities described in 24 CFR 570.604 and (2) the ORGANIZATION does not assume the recipient’s responsibility for initiating the review process under the provisions of 24 CFR Part 52. The ORGANIZATION also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided for under this contract. The ORGANIZATION further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available. (a) ORGANIZATION agrees to submit quarterly program status reports to CITY, and other reports as may be required by CITY.
(b) ORGANIZATION agrees to maintain racial, ethnic, gender, head of household and family size data showing the extent to which these categories of persons have participated in, or benefited from, the project, and to provide such data in an activity report to CITY quarterly.
(c) ORGANIZATION agrees to keep all necessary books and records, including property, personnel and financial records, in connection with the operations and services performed under this Agreement, and shall document all transactions so that all expenditures may be properly audited.
(d) ORGANIZATION agrees that CITY or any authorized representative has access to and the right to examine all records, books, papers or documents related to the program/scope of services/project.
(e) ORGANIZATION agrees to provide to CITY at ORGANIZATION's cost, a certified audit performed by an accredited certified public accountant, of all funds received or utilized by ORGANIZATION, including the distribution of Community Development Block Grant Funds for fiscal year 2025-2026 to be delivered to CITY by October 1, 2025 or within 30 days of receipt of ORGANIZATION’s audited financials, whichever is later. (f) ORGANIZATION hereby warrants that it will establish and adopt safeguards to prohibit members, officers, and employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. Further, no member, officer, or employee of ORGANIZATION who exercises any functions or responsibility with respect to the program during his or her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-agreement, or the proceeds thereof, either for themselves or those with whom they have family or business ties, for work to be performed in connection with the program assisted under this Agreement.
Contract No. 2027-0005 We Care Program - Turlock
(g) The undersigned persons signing as officers on behalf of ORGANIZATION, a party to this Agreement, hereby severally warrants and represents that said persons have authority to enter into this Agreement on behalf of said ORGANIZATION and to bind the same to this Agreement, and, further that said ORGANIZATION has authority to enter into this Agreement and that there are no restrictions or prohibitions contained in any article of incorporation or bylaws against entering into this Agreement.
(h) CITY shall not be responsible or liable for any debts, actions, obligations, negligence, or liabilities committed or incurred by ORGANIZATION, its staff or clientele, and ORGANIZATION hereby agrees to defend, hold harmless and indemnify CITY from and against any and all liabilities for debts, obligations, and negligence. No payment, however, final or otherwise, shall operate to release ORGANIZATION from any obligations under this Agreement.
Should either party be required to bring a legal action to enforce the provisions of this Agreement, the prevailing party shall be reimbursed for all court costs and all reasonable attorney's fees incurred in the prosecution or defense of said action.
(i) Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another.
ORGANIZATION is not an employee of CITY and is not entitled to any of the rights, benefits, or privileges of CITY employees, including but not limited to medical, unemployment, or Workers' Compensation insurance.
5. OTHER PROVISIONS.
(a) During the performance of this Agreement, ORGANIZATION agrees as follows:
(1) ORGANIZATION shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicap, sexual orientation, ancestry, national origin, familial status, veterans status, or any other basis prohibited by applicable law. ORGANIZATION shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, age, handicap, sexual orientation, familial status, veterans status, 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.
ORGANIZATION agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) ORGANIZATION will, in all solicitations or advertisements for employees placed by or on behalf of ORGANIZATION, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, age, handicap, sexual orientation, ancestry, national origin, veterans status, familial status, or any other basis prohibited by applicable law.
(b) EQUAL OPPORTUNITY IN PARTICIPATION. Under the terms of Section 109 of the Housing and Community Development Act of 1974, and in conformance with CITY
Contract No. 2027-0005 We Care Program - Turlock
policy and all requirements imposed by or pursuant to the Regulations of the Department of Housing and Urban Development (24 CFR Part 570.602 issued pursuant to this section), ORGANIZATION shall not exclude any persons from participation in the program on the basis race, color, national origin, religion, or sex.
(c) Civil Rights
(1) Compliance. The ORGANIZATION agrees to comply with the civil rights laws of the State of California and with Title VI of the Civil Rights 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 Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and Executive Order 11246 as amended by Executive Orders 11375, 11478, 12107 and 12086 as such laws and orders may be amended, modified or repealed from time to time and such other executive orders as may be applicable. (2) Nondiscrimination. The ORGANIZATION agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.607, as revised by Executive Order 13279 as such laws and orders may be amended, modified or repealed from time to time. The applicable nondiscrimination provisions in Section 109 of the HCDA are still applicable. (d) BUSINESS AND EMPLOYMENT OPPORTUNITIES FOR
LOW/MODERATE INCOME RESIDENTS. ORGANIZATION 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 HUD regulations issued pursuant thereto at 24 CFR Part 135, to the extent applicable. This act requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area. (e) DRUG-FREE WORK PLACE. Organization will maintain a drug free work place and will comply with all applicable Federal, State and local laws pertaining to a drug-free work place.
(f) PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted herein, and the Agreement shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party, the Agreement shall forthwith be physically amended to make such insertion or correction. To the extent that any such laws are amended or repealed, ORGANIZATION shall comply with such laws as amended or repealed.
6. CITY RECOGNITION. The ORGANIZATION shall insure recognition of the role of the CITY in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the ORGANIZATION will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement.
7. ADMINISTRATIVE REQUIREMENTS.
(a) Financial Management
Contract No. 2027-0005 We Care Program - Turlock
(1) Accounting Standards. The ORGANIZATION agrees to comply with 2 CFR Part 200 and agrees to adhere to the accounting principles and procedures required therein, utilized adequate internal controls, and maintain necessary source documentation for all costs incurred.
(2) Cost Principles. The ORGANIZATION shall administer its program in conformance with 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars including OMB Circulars A-122, “Cost Principles for Non-Profit Organization,” or A-21, “Cost Principles for Educational Institutions,” or A-87, “Cost Principles for State, Local and Indian Tribal Governments,” as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. (b) Documentation and Record Keeping.
(1) Records to be maintained. The ORGANIZATION shall maintain all records required by the Federal regulations specified in 24 CFR 570.506 that are pertinent to the activities to be funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken;
b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities; d. Records required to document the acquisition,
improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity component of the CDBG program;
f. Financial records as required by 24 CFR 570.502, and 2 CFR Part 200;
g. Other records necessary to document compliance with
Subpart K of 24 CFR Part 570.
(2) Retention. The ORGANIZATION shall retain all financial records, supporting documents, statistical records, and all other records pertinent to the agreement for a period of four (4) years. The retention period begins on the date of the submission of the CITY’S annual performance and evaluation report to HUD in which the activities assisted under the Agreement are reported on for the final time. Notwithstanding the above, if there is litigation, claims, audits, negotiations or other actions that involve any of the records cited and that have started before the expiration of the four-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the four-year period, whichever occurs later.
(3) Client Data. The ORGANIZATION shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of
Contract No. 2027-0005 We Care Program - Turlock
service provided. Such information shall be made available to CITY monitors or their designees for review upon request.
(4) Disclosure. The ORGANIZATION understands that client information collected under this contract is private and the use or disclosure of such information, when not directly connected with the administration of the CITY’S or ORGANIZATION’s responsibilities with respect to services provided under this contract, is prohibited by the State or Federal law unless written consent is obtained from such person receiving service and, in the case of minor, that of a responsible parent/guardian.
(5) Close-outs. The ORGANIZATION’s obligation to the CITY shall not end until all 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 receivable to the CITY), and determining the custodianship of records.
Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the ORGANIZATION has control over CDBG funds, including program income. (6) Audits and Inspections. All ORGANIZATION records with respect to any matters covered by this Agreement shall be made available to the CITY, HUD, and the Comptroller General of the United States or any of their authorized representatives, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the ORGANIZATION within 30 days after receipt by the ORGANIZATION. Failure of the ORGANIZATION to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The ORGANIZATION hereby agrees to have an annual agency audit conducted in accordance with current CITY policy concerning ORGANIZATIONS audits and 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars including OMB circular A-133.
If, as a result of any audit, any improper expenditures are revealed by the ORGANIZATION, its officers, agents, servants, employees and /or subcontractors, of the funds granted hereunder, and such questioned costs are disallowed under the procedures of the party by whom or on whose behalf said audit is conducted, then the amount of such disallowed cost shall constitute liquidated damages for the breach of that portion of the Agreement audited. In case of such disallowed cost, ORGANIZATION agrees to repay the CITY said sum as liquidated damages for the ORGANIZATIONS failure to perform the duties, bear the liabilities and fulfill the obligations imposed upon it by this Agreement.
(c) Reporting and Payment Procedures
(1) Program Income. The ORGANIZATION shall report to the CITY any interest or other income earned as a direct result of the use of the CDBG funds for the program outlined within this Agreement. The ORGANIZATION shall report all program income (as defined at 24 CFR 570.500(a)) generated by activities carried out with CDBG funds made available under this Agreement. All program income derived from the project, if any, shall revert to the CITY for use in the Community Development Block Grant program.
(2) Payment Procedures. The CITY will pay to the ORGANIZATION
Contract No. 2027-0005 We Care Program - Turlock
funds available under this Agreement based upon information submitted by the ORGANIZATION and consistent with the approved budget in Exhibit A. Payments will be made for eligible expenses actually incurred by the ORGANIZATION on a reimbursement basis. The CITY shall not provide any payments in advance of actual expenditures by the ORGANIZATION. Payments will be adjusted by the CITY in accordance with program income balances available in ORGANIZATION accounts. Payment requests shall include documentation to verify that the expenditure of funds is consistent with the project description as approved. Prior to reimbursing the ORGANIZATION, the CITY will verify the ORGANIZATION has provided the required draw.
Funding is contingent upon the CITY receiving Community Development Block Grant funds from HUD.
(3) Progress Reports. The ORGANIZATION shall submit regular Progress Reports to the CITY in the form, content, and frequency as required by the CITY. (d) Procurement
(1) Compliance. The ORGANIZATION shall comply with current CITY policy concerning the purchase of equipment and shall maintain inventory records of all nonexpendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the CITY upon termination of this Agreement.
(2) Uniform Requirements. Unless specified otherwise within this agreement, the ORGANIZATION shall procure all materials, property, or services in accordance with the requirements of 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The Uniform Requirements superseded, consolidated, and streamlined requirements from eight OMB Circulars. (3) Travel. The ORGANIZATION shall obtain written approval from the CITY for any travel outside the metropolitan area with funds provided under this Agreement. (e) Use and Reversion of Assets.
The use and disposition of real property and equipment under this Agreement shall be in compliance with the requirements of 2 CFR Part 200, and 24 CFR 570.502, 570.503, and 570.504, as applicable, which include but are not limited to the following; (1) The ORGANIZATION shall transfer to the CITY any CDBG funds on hand and any accounts receivable attributable to the use of funds under this Agreement at the time of expiration, cancellation, or termination.
(2) In all cases in which equipment acquired, in whole or in part, with funds under this Agreement is sold, the proceeds shall be program income (prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment).
Equipment not needed by the ORGANIZATION for activities under this Agreement shall be (a) transferred to the CITY for the CDBG program or (b) retained after compensating the CITY an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment.
8. INSURANCE: ORGANIZATION shall not commence work under this Agreement until ORGANIZATION has obtained CITY’S approval regarding all insurance requirements, forms,
Contract No. 2027-0005 We Care Program - Turlock
endorsements, amounts, and carrier ratings, nor shall ORGANIZATION allow any subcontractor to commence work on a subcontract until all similar insurance required of the subcontractor shall have been so obtained and approved. ORGANIZATION shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by ORGANIZATION, its agents, representatives, employees or subcontractors. Failure to maintain or renew coverage or to provide evidence of renewal may constitute a material breach of contract. Any available insurance proceeds in excess of the specified minimum limits and coverage shall be available to CITY.
(a) General Liability Insurance: ORGANIZATION shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability and coverage for explosion, collapse and underground property damage hazards. ORGANIZATION’s general liability policies shall be primary and not seek contribution from the CITY’S coverages, and be endorsed using Insurance Services Office form CG 20 10 to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. For construction contracts, an endorsement providing completed operations to the additional insured, ISO form CG 20 37, is also required.
(b) Workers’ Compensation Insurance: ORGANIZATION shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000). ORGANIZATION shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers.
(c) Auto Insurance: ORGANIZATION shall provide auto liability coverage for owned, non-owned, and hired autos using ISO Business Auto Coverage form CA 00 01, or the exact equivalent, with a limit of no less than one million dollars ($1,000,000) per accident. If ORGANIZATION owns no vehicles, this requirement may be met through a non-owned auto endorsement to the CGL policy.
(d) Professional Liability Insurance: When applicable, ORGANIZATION shall maintain professional liability insurance that insures against professional errors and omissions that may be made in performing the Services to be rendered in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement, and ORGANIZATION agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement. (e) Deductibles and Self-Insured Retentions: Upon request of CITY, any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its elective and appointive boards, officers, agents, employees, and volunteers; or (2) ORGANIZATION shall provide a financial guarantee satisfactory to CITY guaranteeing payment of losses and related investigations, claim administration and defense expenses. (f) Other Insurance Provisions: The commercial general liability policy shall contain, or be endorsed to contain, the following provisions:
Contract No. 2027-0005 We Care Program - Turlock
(1) CITY, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of ORGANIZATION, including materials, parts or equipment furnished in connection with such work or operations, which coverage shall be maintained in effect for at least three (3) years following the completion of the work specified in the contract. General liability coverage can be provided in the form of an endorsement to ORGANIZATION’s insurance (at least as broad as CG 20 10 for ongoing operations and CG 20 37 for products/completed operations), or as a separate Owners and ORGANIZATIONs Protective Liability policy providing both ongoing operations and completed operations coverage.
(2) For any claims related to the program, ORGANIZATION’s insurance coverage shall be primary insurance as respects CITY and any insurance or self-insurance maintained by CITY shall be excess of ORGANIZATION’s insurance and shall not contribute with it.
(3) In the event of cancellation, non-renewal, or material change that reduces or restricts the insurance coverage afforded to CITY under this Agreement, the insurer, broker/producer, or ORGANIZATION shall provide CITY with thirty (30) days’ prior written notice of such cancellation, non-renewal, or material change.
(4) Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. (g) Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A-:VII or with an insurer to which the CITY has provided prior approval.
(h) Verification of Coverage: ORGANIZATION shall furnish CITY with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this section. All certificates and endorsements are to be received and approved by CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive ORGANIZATION’s obligation to provide them. CITY reserves the right, at any time, to require complete, certified copies of all required insurance policies and endorsements.
(i) Waiver of Subrogation: With the exception of professional liability, ORGANIZATION hereby agrees to waive subrogation which any insurer of ORGANIZATION may acquire from ORGANIZATION by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be endorsed to contain a waiver of subrogation in favor of CITY for all work performed by ORGANIZATION, its agents, employees, independent contractors and subcontractors. ORGANIZATION agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation. (j) Subcontractors: ORGANIZATION shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the requirements stated herein.
9. INDEMNIFICATION:
Contract No. 2027-0005 We Care Program - Turlock
Indemnity for Professional Liability: When the law establishes a professional standard of care for ORGANIZATION’s Services, to the fullest extent permitted by law, ORGANIZATION shall indemnify, protect, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel’s fees and costs but only to the extent the ORGANIZATION (and its Subcontractors) are responsible for such damages, liabilities and costs on a comparative basis of fault between the ORGANIZATION (and its Subcontractors) and the CITY in the performance of professional services under this Agreement. ORGANIZATION shall not be obligated to defend or indemnify CITY for the CITY’s own negligence.
Indemnity for other than Professional Liability: Other than in the performance of professional services and to the full extent permitted by law, ORGANIZATION shall indemnify, defend, and hold harmless CITY and any and all of its elective and appointive boards, officers, officials, agents, employees or volunteers from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel’s fees and costs, court costs, interest, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by ORGANIZATION or by any individual or agency for which ORGANIZATION is legally liable, including, but not limited to, officers, agents, employees, or subcontractors of ORGANIZATION.
10. PERSONNEL & PARTICIPANT CONDITIONS
(a) Federal regulations
(1) Section 504. The ORGANIZATION agrees to comply with all Federal regulations issued pursuant to Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits discrimination against the individuals with disabilities or handicaps in any Federal assisted program. The CITY shall provide the ORGANIZATION with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.
(b) Affirmative Action
(1) Approved Plan. The ORGANIZATION agrees that it shall be committed to carry out pursuant to the CITY’s specifications an Affirmative Action Program in keeping with the principles as provided in President’s Executive Order 11246 of September 24, 1966 to the extent that such Executive Order remains effective. The CITY shall provide Affirmative Action guidelines to the ORGANIZATION to assist in the formulation of such program.
The ORGANIZATION shall submit a plan for an Affirmative Action Program for approval prior to the award of funds.
(2) Women- and Minority-Owned Businesses (W/MBE). The
ORGANIZATION will use its best efforts to afford small businesses, minority business enterprises, and women’s business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms “small business” means a business 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 fiftyPage 947 of 1436 Contract No. 2027-0005 We Care Program - Turlock
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 American Indians. The ORGANIZATION may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. (3) Access to Records. The ORGANIZATION shall furnish and cause each of its owned organizations or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by the CITY, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. (4) Notifications. The ORGANIZATION will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or worker’s representative of the ORGANIZATION’s commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement. The ORGANIZATION will, in all solicitations or advertisements for employees placed by or on behalf of the ORGANIZATION, state that it is an Equal Opportunity or Affirmative Action Employer.
(6) Subcontract Provisions. The ORGANIZATION will include the provisions of Paragraphs 5.(c), Civil Rights, and 10.(b), Affirmative Action, in every subcontract or purchase order, specifically or by reference, so that such provisions will be binding upon each of its own ORGANIZATIONS or subcontractors.
(c) Employment Restrictions
(1) Prohibited Activity. The ORGANIZATION is prohibited from using funds provided herein or personnel employed in the administration of the program for: political activities: inherently religious activities; lobbying; political patronage; and nepotism activities. (2) Labor Standards. The ORGANIZATION agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The ORGANIZATION agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The ORGANIZATION shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.
The ORGANIZATION agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors unengaged under contracts in excess of $2,000 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and
Contract No. 2027-0005 We Care Program - Turlock
ratio of apprentices and trainees to journey workers; provided that, if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the ORGANIZATION of its obligation, if any, to require payment of the higher wage.
The ORGANIZATION shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. (3) “Section 3” Clause.
a. Compliance. Compliance with the provisions of Section 3 of HUD Act of 1968, as amended, and as implemented by the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CITY, the ORGANIZATION and any of the ORGANIZATION’s subrecipients and subcontractors. Failure to fulfill these requirements shall subject the CITY, the ORGANIZATION and any of the ORGANIZATION’s subrecipients and subcontractors, their successors and assigns, to those sanction specified by the Agreement through which Federal assistance is provided. The ORGANIZATION certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements.
The ORGANIZATION further agrees to comply with these “Section 3” requirements and to include the following language in all subcontracts executed under this agreement:
“The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area, and that contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low- and very low-income persons residing in the metropolitan area in which the project is located.”
The ORGANIZATION further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project are given to lowand very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low- and very low-income persons within the service area of the project or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of leadbased paint hazards), housing construction, or other public construction project to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participant in other HUD programs.
The ORGANIZATION certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements.
b. Notification. The ORGANIZATION agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s
Contract No. 2027-0005 We Care Program - Turlock
representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. c. Subcontracts. The ORGANIZATION will include this
Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulation issued by the grantor agency.
The ORGANIZATION will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.
(d) Conduct
(1) Assignability. The ORGANIZATION shall not assign or transfer any interest in this Agreement without the prior written consent of the CITY thereto; provided, however, that claims for money due or to become due to the ORGANIZATION from the CITY under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the CITY. (2) Subcontracts
a. Approvals. The ORGANIZATION shall not enter into any subcontracts with any agency or individual in the performance of this contract without the written consent of the CITY prior to the execution of such agreement. b. Monitoring. The ORGANIZATION will monitor all
subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of followup actions taken to correct areas of noncompliance. c. Content. The ORGANIZATION shall cause all of the
provisions of this contract in its entirety to be included in and made part of any subcontract executed in the performance of this Agreement.
d. Selection Process. The ORGANIZATION shall undertake
to ensure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis in accordance with applicable procurement requirements.
Executed copies of all subcontracts shall be forwarded to the CITY along with documentation concerning the selection process.
(3) Hatch Act. The ORGANIZATION agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. (4) Conflict of Interest. The ORGANIZATION agrees to abide by the provisions of 2 CFR Part 200 and 570.611, which include (but are not limited to) the following:
a. The ORGANIZATION shall maintain a written code or
standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds.
Contract No. 2027-0005 We Care Program - Turlock
b. No employee, officer or agent of the ORGANIZATION 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. c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter.
For purposes of this paragraph, a “covered person” includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the CITY, the ORGANIZATION, or any designated public agency.
(5) Lobbying.
The ORGANIZATION herby certifies that:
a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
b. 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 of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; and c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly:
d. Lobbying Certification. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(6) Copyright. If this contract results in any copyrightable material or inventions, the CITY and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work or materials for government purposes.