HomeMy WebLinkAboutFCEOC - HIPP - Targeted Area Rehab - 201426
Plstlaoß
-ñ
,c^óU-zaotvUJOc.Q
uOOø:i<
=o()ç¡
o
SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF FRESNO AND THE
FRESNO COUNTY ECONOMIC OPPORTUNITIES COMMISSION FOR THE
TARGETED AREA DISTRESSED PROPERTY PROGRAM
TH|S AGREEMENT, entered this 3rd day of March, 2014 by and between the
City of Fresno, California, a municipal corporation, acting through its Development and
Resource Management Department - Housing and Community Development
Division, (herein called the "Grantee") and the FRESNO COUNTY
ECONOMIC OPPORTUNITIES COMMISSION, a non-profit corporation,
(herein called the "Subrecipient").
WHEREAS, the U.S. Department of Housing and Urban Development, hereinafter
referred to as "HUD", provides funding under its Community Development Block Grant
Program, hereinafter "CDBG', as authorized under Title I of the Housing and
Community Development Act of 1974, as implemented under Title 24 of the Code of
Federal Regulations, hereinafter collectively referred to as the "Act", incorporated herein
by its reference; and
WHEREAS, the Grantee is a recipient of CDBG funding for fiscal year 2013-2014 for
use in funding eligible activities furthering established national objectives to benefit its
low and moderate income residents as defined in the Act; and
WHEREAS, the Grantee in accordance with its 2010-2014 Consolidated Plan and FY
2013-2014 Annual Action Plan, as amended, desires to provide CDBG funds to the
Subrecipient, for the rehabilitation of owner occupied single family homes, as more fully
described in Exhibit A, Scope of Services, upon the terms and conditions in this
Agreement; and
WHEREAS, pursuant to City Resolution No. 2013-104, the City Manager is authorized
to execute, on behalf of the Grantee, CDBG agreements that are within available
allocated CDBG funding and in a standard form approved by the City Attorney.
NOW, THEREFORE, it is agreed between the parties hereto that;
I. SCOPE OF SERVICE
A. Subrecioient Activities
The Subrecipient will be responsible for administering the Targeted Area
Distressed Property Program ("Program") in a manner satisfactory to the
Grantee and consistent with any standards required as a condition of
providing these funds. Such program will include the following activities
eligible under the CDBG program:
Conduct an initial property assessment to evaluate the qualifying
repairs under the Program. lnitial eligibility determination of
households/structures will also be made by the Subrecipient on the
basis of satisfaction of income requirements and the apparent need
for rehabilitation measures to correct relevant housing code
deficiencies and any other pertinent criteria set forth in the
approved Program design.
Prepare a Scope of Work and a line item budget with the
homeowner on the prescribed form for submission to the Grantee
for review and approval. For each eligible unit to be assisted, the
Subrecipient will complete a detailed work write-up of the
rehabilitation to be performed ("Project"), including estimated costs
of each activity, materials to be used, and industry or regulatory
standards to be met.
Contract with homeowner to provide home repair services. The
Subrecipient will assist approved applicants in the identification,
proper solicitation, and selection of contractors qualified to perform
the authorized rehabilitation of eligible housing units.
Work with Grantee's inspectors to schedule property inspections.
Approve contractor payments. As rehabilitation progresses and as
invoices are submitted by contractors, the Subrecipient will verify
that the expenses are reasonable and the work has been
completed properly, and will authorize drawdown of funds from the
Grantee, and disbursement to the contractors.
Maintain documentation of repair work for Program compliance and
submission of payments including application and documentation of
eligibility, work write-ups, the assistance agreement between the
property owner and Subrecipient. The Subrecipient will also
maintain appropriate information on persons residing in the
property. The Subrecipient will maintain these and other program
and financial records in accordance with the general requirements
for record keeping specified in Section Vll of this Agreement.
B. Grantee Activities
Grantee will oversee Subrecipient's administration of the Program to ensure
compliance with any standards required as a condition of providing Program
funds. Grantee will also perform the following activities under the Program:
1.
2.
3.
4.
5.
6
1. Complete National Environmental Protection Act (NEPA) Tier 1
environmental assessments in addition to providing Tier 1 clearance
and approving site-specific environmental revlews.
ldentify single family residential properties for minor repair.
Refer residential properties to Subrecipient for initial assessment prior
to eligibility unden¡vriting review.
Undenryrite the Project and certify income eligibility.
Review and approve Subrecipient's Scope of Work for each Project
address as described in the Program Manual.
lnspect and monitor for Project compliance and efficiency.
Manage and remit all reimbursement requests. '
Report to HUD via the lntegrated Disbursement lnformation System
(lDlS), using, in part, data provided by Subrecipient.
Monitor all Subrecipient activities to assure compliance with the terms
of the Agreement and all CDBG requirements.
National Obiectives
Grantee has determined, and Subrecipient ceftifies, that the activities
carried out under this Agreement further one of more CDBG national
objectives. The activities under this Agreement will provide public
investments in areas identified as deteriorated in addition to sustaining
affordable housing costs to persons and families of low and moderate
income.
D. Performance Monitorinq
The Grantee will monitor the performance of the Subrecipient against
goals and performance standards as stated above. Substandard
performance as determined by the Grantee will constitute noncompliance
with this Agreement. lf action to correct such substandard performance is
not taken by the Subrecipient within a reasonable period of time after
being notified by the Grantee, contract suspension or termination
procedures will be initiated.
TIME OF PERFORMANCE
2
3
4
5
b
7
8
9
c
il.
ilt.
Services of the Subrecipient shall start on the _ day of ,2014
and end on the 31't day of December,2014. The term of this Agreement and the
provisions herein shall be extended to cover any additional time period during
which the Subrecipient remains in control of CDBG funds or other CDBG assets,
including Program lncome.
BUDGET
Grant funds shall be disbursed to reimburse Subrecipient in accordance with the
Proposed Budget attached hereto as Exhibit "8" and incorporated herein,
provided that the specific line item amounts in said Budget may be varied, added
and/or stricken, and further provided that in any event total Grant funds disbursed
in pursuit of said Budget shall not to exceed in the aggregate the lesser of Five
Hundred Thousand Dollars ($500,000) or Grantee's available and allocated
CDBG Funding during the term hereof.
Any indirect costs charged must be consistent with the conditions of Paragraph
Vlll (CX2) of this Agreement. ln addition, the Grantee may require a more
detailed budget breakdown than the one contained herein, and the Subrecipient
shall provide such supplementary budget information in a timely fashion in the
form and content prescribed by the Grantee. Any amendments to the budget
must be approved in writing by both the Grantee and the Subrecipient.
PAYMENT
Subrecipient's sole source of compensation hereunder will be in the form of a
grant of CDBG funds ("CDBG funds") as described herein. lt is expressly agreed
and understood that the total amount to be paid by the Grantee under this
Agreement shall not exceed Five Hundred Thousand Dollars ($500,000)
Drawdowns for the payment of eligible expenses shall be made against the line
item budgets specified in Paragraph lll herein and in accordance with
performance. Expenses for general administration shall also be paid against the
line item budgets specified in Paragraph lll and in accordance with performance.
Grantee may disburse twenty-five percent (25o/o) of the Project's Budget in
advance to the Subrecipient to facilitate project rehabilitation. Subrecipient shall
hold the remaining costs until Project Completion and shall submit a Request for
Disbursement to the Grantee substantiating the upfront costs and justifying the
reimbursement request for the project's remaining costs.
All funds are paid contingent upon Subrecipient's continuous compliance with all
applicable, uniform administrative requirements, program regulations, and
recapture and reversion requirements set out in the Act. Any unearned or
recaptured CDBG funding shall be returned to the Grantee within thirty (30) days
of the earlier of termination of this Agreement or notice by Grantee. Any interest
earned or received by the Subrecipient thereon shall be remitted to the Grantee.
4
tv.
Subrecipient understands and agrees that the availability of CDBG funds is
subject to the control of HUD, or other federal agencies, and should the CDBG
funds be encumbered, withdrawn or otheruvise made unavailable to Grantee,
whether earned by or promised to Subrecipient, and/or should Grantee in any
fiscal year hereunder fail to allocate CDBG funds, Grantee shall not provide said
funds unless and until they are made available for payment to Grantee by HUD
and Grantee receives and allocates said funds. No other funds owned or
controlled by Grantee shall be obligated under this Agreement to the Project(s).
V. NOTICES
Notices required by this Agreement shall be in writing and delivered via mail
(postage prepaid), commercial courier, or personal delivery or sent by facsimile
or other electronic means. Any notice delivered or sent as aforesaid shall be
effective on the date of delivery or sending. All notices and other written
communications under this Agreement shall be addressed to the individuals in
the capacities indicated below, unless othenruise modified by subsequent written
notice.
Communication and details concerning this Agreement shall be directed to the
fol lowi ng contract representatives:
vt.
Grantee
City of Fresno
Development and Resource
Management Department, Housing
and Community Development Division
2600 Fresno Street Room 3076
Fresno, CA'93721
GENERAL CONDITIONS
A. lmplement of Proiect
Subrecipient
Fresno County Economic Opportunities
Commission
Brian Angus, Executive Director
1900 Mariposa Mall Suite 300
Fresno, CA.93721
The Subrecipient shall implement this Agreement in accordance with
applicable Federal, State, and City laws, ordinances and codes. Should a
Project receive additional funding after the commencement of this Agreement,
the Subrecipient shall notify the Grantee in writing within thirty (30) days of
receiving notification from the funding source and submit a cost allocation
plan for approval by the Grantee within forty-five (45) days of said official
notification.
B. Debarment
Subrecipient certifies that neither it, nor its principals, is presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by an Federal Department or
agency; and, that the Subrecipient shall not knowingly enter into any lower
tier contract or other covered transaction, with a person who is similarly
debarred or suspended from participating in this covered transaction.
C. General Compliance
The Subrecipient agrees to comply with the requirements of Title 24 of lhe
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 Subrecipient does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604 and (2) the Subrecipient
does not assume the recipient's responsibility for initiating the review
process under the provisions of 24 CFR Part 52. The Subrecipient also
agrees to comply with all other applicable Federal, state and local laws,
regulations, and policies governing the funds provided under this
Agreement. The Subrecipient further agrees to utilize funds available
under this Agreement to supplement rather than supplant funds othenruise
available.
D. "lndependent Contractor"
ln furnishing the services provided for herein, Subrecipient is acting solely
as an independent contractor. Neither Subrecipient, nor any of its officers,
agents or employees shall be deemed an officer, agent, employee, joint
venturer, partner or associate of Grantee for any purpose. Grantee shall
have no right to control or supervise or direct the manner or method by
which Subrecipient shall perform its work and functions. However,
Grantee shall retain the right to administer this Agreement so as to verify
that Subrecipient is performing its obligations in accordance with the terms
and conditions thereof.
This Agreement does not evidence a partnership or joint venture between
Subrecipient and Grantee. Subrecipient shall have no authority to bind
Grantee absent Grantee's express written consent. Except to the extent
othenryise provided in this Agreement, Subrecipient shall bear its own
costs and expenses in pursuit thereof.
Because of its status as an independent contractor, Subrecipient and its
officers, agents and employees shall have absolutely no right to
employment rights and benefits available to Grantee's employees.
Subrecipient shall be solely liable and responsible for all payroll and tax
withholding and for providing to, or on behalf of, its employees all
6
E
employee benefits including, without limitation, health, welfare and
retirement benefits. ln addition, together with its other obligations under
this Agreement, Subrecipient shall be solely responsible, indemnify,
defend and save Grantee harmless from all matters relating to
employment and tax withholding for and payment of Subrecipient's
employees, including, without limitation, (i) compliance with Social Security
and unemployment insurance withholding, payment of workers
compensation benefits, and all other laws and regulations governing
matters of employee withholding, taxes and payment; and (ii) any claim of
right or interest in Grantee employment benefits, entitlements, programs
and/or funds offered employees of Grantee whether arising by reason of
any common law, de facto, leased, or co- employee rights or other theory.
It is acknowledged that during the term of this Agreement, Subrecipient
may be providing services to others unrelated to Grantee or to this
Agreement.
lndemnification
To the furthest extent allowed by law including California Civil Code
section 2782, Subrecipient shall indemnify, hold harmless and defend
Grantee and each of its officers, officials, employees, agents and
volunteers from any and all loss, liability, fines, penalties, forfeitures, costs
and damages (whether in Contract, tort or strict liability, including, but not
limited to personal injury, death at any time and property damage)
incurred by Grantee, Subrecipient or any other person, and from any and
all claims, demands and actions in law or equity (including attorney's fees
and litigation expenses), arising or alleged to have arisen directly or
indirectly out of performance of this Agreement. Subrecipient's obligations
under the preceding sentence shall apply regardless of whether Grantee
or any of its officers, officials, employees, agents or volunteers are
passively negligent, but shall not apply to any loss, liability, fines,
penalties, forfeitures, costs or damages caused by the active or sole
negligence, or willful misconduct, of Grantee or any of its officers, officials,
employees, agents or volunteers.
lf Subrecipient should contract or subcontract all or any portion of the work
to be performed under this Agreement, Subrecipient shall require each
Subrecipient and/or subcontractor to indemnify, hold harmless and defend
Grantee and each of its officers, officials, employees, agents, and
volunteers in accordance with the terms of the preceding paragraph.
This section shall survive termination or expiration of this Agreement.
F. Workers'Compensation
The Subrecipient shall provide Workers' Compensation lnsurance
coverage for all of its employees involved in the performance of this
Agreement.
G. lnsurance & Bondinq
The Subrecipient shall comply with the bonding and insurance
requirements set forth in 24 CFR 84.31 and 84.48. The Subrecipient shall
additionally carry sufficient insurance and bond coverage as set forth in
Exhibit "C".
H. Grantee Recoqnition
The Subrecipient shall insure recognition of the role of the Grantee in
providing services through this Agreement. All activities, facilities and
items utilized pursuant to this Agreement shall be prominently labeled as
to funding source. ln addition, the Subrecipient will include a reference to
the support provided herein in all publications made possible with funds
made available under this Agreement.
l. Sub-Contracts
Any work or services subcontracted by Sub-Recipient shall be specified by
written contract or agreement, and such subcontracts shall be subject to
each provision of the Agreement and applicable City, State and Federal
guidelines and regulations. Prior to execution by the Sub-Recipient of any
subcontract hereunder, such subcontracts must be submitted by the
Subrecipient to the Grantee for its review and approval, which will
specifically include a determination of compliance.
This review also includes ensuring that all consultant contracts and fee
schedules meet the minimum standards established by the City, State and
HUD. Reimbursements for such services will be made at the Sub-
Recipient's cost. None of the work or services covered by this Agreement,
including but not limited to consultant work or services, shall be
subcontracted by the Sub-recipient or reimbursed by the City without prior
written approval.
J. Amendments
The Grantee or Subrecipient may amend this Agreement at any time
provided that such amendments make specific reference to this
Agreement, and are executed in writing, signed by a duly authorized
representative of each organization, and approved by the Grantee's
governing body. Such amendments shall not invalidate this Agreement,
8
nor rel¡eve or release the Grantee or Subrecipient from its obligations
under this Agreement.
The Grantee may, in its discretion, amend this Agreement to conform with
Federal, state or local governmental guidelines, policies and available
funding amounts, or for other reasons. lf such amendments result in a
change in the funding, the scope of services, or schedule of the activities
to be undertaken as part of this Agreement, such modifications will be
incorporated only by written amendment signed by both Grantee and
Subrecipient.
K. Suspension or Termination
ln accordance with 24 CFR 85.43, the Grantee may suspend or terminate
this Agreement if the Subrecipient materially fails to comply with any terms
of this Agreement, which include (but are not llmited to) the following:
1. Failure to comply with any of the rules, regulations or provisions
referred to herein, or such statutes, regulations, executive orders,
and HUD guidelines, policies or directives as may become
applicable at any time;
2. Failure, for any reason, of the Subrecipient to fulfill in a timely and
proper manner its obligations under this Agreement;
3. lneffective or improper use of funds provided under this Agreement;
or
4. Submission by the Subrecipient to the Grantee reports that are
incorrect or incomplete in any material respect.
ln accordance with 24 CFR 85.44, this Agreement may also be terminated
for convenience by either the Grantee or the Subrecipient, in whole or in
part, by setting forth the reasons for such termination, the effective date,
and, in the case of partial termination, the portion to be terminated.
However, if in the case of a partial termination, the Grantee determines
that the remaining portion of the award will not accomplish the purpose for
which the award was made, the Grantee may terminate the award in its
entirety.
L. Fiscal Limitations
HUD may in the future place programmatic or fiscal limitation on CDBG
funds not presently anticipated. Accordingly, the Grantee reserves the
right to revise this Agreement in order to take account of actions affecting
HUD program funding. ln the event of funding reduction, the Grantee may
9
vil.
reduce the Allocated Funding of this Agreement, and may, at its sole
discretion, limit the Sub-Recipient's authority to commit and spend funds.
Where HUD has directed or requested the Grantee to implement a
reduction in funding, with respect to funding for this Agreement, the City
Manager, or his/her Designee, may act for the Grantee in implementing
and effecting such a reduction in revising the Agreement for such purpose.
The City Manager or his/her Designee may act for the Grantee in
suspending the operation of this Agreement for up to sixty (60) days, upon
three (3) days' prior written notice to the Sub-Recipient of his/her intention
to so act. ln no event, however, shall any revision made by the Grantee
affect expenditures and legally binding commitments made by the Sub-
Recipient before it received notice of such revision, provided that such
amounts have been committed in good faith and are otherwise allowable
and that such commitments are consistent with HUD cash withdrawal
guidelines.
ADMINISTRATIVE REQUIREMENTS
A. Financial Manaqement
1. AccountinqStandards
The Subrecipient agrees to comply with 24 CFR 84.21-28 and
agrees to adhere to the accounting principles and procedures
required therein, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
2. Cost Principles
The Subrecipient shall administer its program in conformance with
OMB Circulars A-122, "Cost Principles for Non-Profit
Organizations," or A-21, "Cost Principles for Educational
lnstitutions," as applicable. These principles shall be applied for all
costs incurred whether charged on a direct or indirect basis.
B. Documentation and Record Keepinq
1. Records to be Maintained
The Subrecipient 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;
10
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 components of the CDBG program;
Ð Financial records as required by 24 CFR 570.502, and
24 CFR 84.21-28; andg) Other records necessary to document compliance with
Subpart K of 24 CFR Part 570.
2. Retention
The Subrecipient 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 Grantee'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.
Closeouts
The Subrecipient's obligation to the Grantee 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 Grantee), and
determining the custodianship of records. Notwithstanding the
foregoing, the terms of this Agreement shall remain in effect during
any period that the Subrecipient has control over CDBG funds,
including Program income.
Audits & lnspections
3
4
11
C.
All Subrecipient records with respect to any matters covered by this
Agreement shall be made available to the Grantee, grantor agency,
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 Subrecipient within 30
days after receipt by the Subrecipient. Failure of the Subrecipient to
comply with the above audit requirements will constitute a violation
of this Agreement and may result in the withholding of future
payments. The Subrecipient hereby agrees to have an annual
agency audit conducted in accordance with current Grantee policy
concerning subrecipient audits and OMB Circular A-133.
Reportinq and Pavment Procedures
1. Proqram lncome
The Subrecipient shall provide a monthly report of all Program
income (as defined aI24 CFR 570.500(a)) generated by activities
carried out with CDBG funds made available under this Agreement.
The use of Program income by the Subrecipient shall comply with
the requirements set forth al 24 CFR 570.504. By way of further
limitations, the Subrecipient may use such income during the
contract period for activities permitted under this Agreement and
shall reduce requests for additional funds by the amount of any
such Program income balance on hand. All unexpended program
income shall be returned to the Grantee at the end of the contract
period. Any interest earned on cash advances from the U.S.
Treasury and from funds held in a revolving fund account is not
program income and shall be remitted promptly to the Grantee.
2. lndirect Costs
lf indirect costs are charged, the Subrecipient will develop an
indirect cost allocation plan for determining Subrecipient's
appropriate share of administrative costs and shall submit such
plan to the Grantee for approval, in a form specified by the Grantee.
3. Pavment Procedures
The Grantee will pay to the Subrecipient funds available under this
Agreement based upon information submitted by the Subrecipient
and consistent with any approved budget and Grantee policy
concerning payments. With the exception of certain advances,
payments will be made for eligible expenses actually incurred by
12
the Subrecipient, and not to exceed actual cash requirements.
Payments will be adjusted by the Grantee in accordance with
advance fund and program income balances available in
Subrecipient accounts. ln addition, the Grantee reserves the right to
liquidate funds available under this Agreement for costs incurred by
the Grantee on behalf of the Subrecipient.
4. Proqress Reports
The Subrecipient shall submit regular Progress Reports to
Grantee in the form, content, and frequency as required by
Grantee.
Procurement
L Compliance
The Subrecipient shall comply with current Grantee policy
concerning the purchase of equipment and shall maintain inventory
records of all non-expendable 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 Grantee upon termination of this Agreement.
2. OMB Standards
Unless specified othenruise within this agreement, the Subrecipient
shall procure all materials, property, or services in accordance with
the requirements of 24 CFR 84.40-48.
3. Travel
The Subrecipient shall obtain written approval from the Grantee 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 24 CFR Part
84 and 24 CFR 570.502, 570.503, and 570.504, as applicable, which
include but are not limited to the following:
1. The Subrecipient shall transfer to the Grantee any CDBG funds on
hand and any accounts receivable attributable to the use of funds
the
the
D
l3
under this Agreement at the time of expiration, cancellation, or
termination.
2. Real property under the Subrecipient's control that was acquired or
improved, in whole or in part, with CDBG funds under this
Agreement in excess of $25,000 shall be used to meet one of the
CDBG National Objectives pursuant to 24 CFR 570.208 until five
(5) years after expiration of this Agreement. lf the Subrecipient fails
to use CDBG-assisted real property in a manner that meets a
CDBG National Objective for the prescribed period of time, the
Subrecipient shall pay the Grantee an amount equal to the current
fair market value of the property less any portion of the value
attributable to expenditures of non-CDBG funds for acquisition of,
or improvement to, the property. Such payment shall constitute
program income to the Grantee. The Subrecipient may retain real
property acquired or improved under this Agreement after the
expiration of the five-year period.
3. ln all cases in which equipment is acquired, in whole or in part, with
CDBG funds under this Agreement is sold, the proceeds shall be
Program lncome, prorated to reflect the extent to that funds
received under this Agreement were used to acquire the
equipment. Equipment not needed by the Subrecipient for activities
under this Agreement shall be (a) transferred to the Grantee for the
CDBG program or (b) retained after compensating the Grantee for
the amount equal to the current fair market value of the equipment
less the percentage of non-CDBG funds used to acquire the
equipment.
VIII. RELOCATION. REAL PROPERTY ACQUISITION AND ONE.FOR.ONE
HOUSING REPLACEMENT
The Subrecipient agrees to comply with (a) the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, as amended (URA), and
implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); (b) the
requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement
and Relocation Assistance Plan under section 104(d) of the HCD Act; and (c) the
requirements in 24 CFR 570.606(d) governing optional relocation policies. The
Subrecipient shall provide relocation assistance to displaced persons as defined
by 24 CFR 570.606(bX2) that are displaced as a direct result of acquisition,
rehabilitation, demolition or conversion for a CDBG-assisted project. The
Subrecipient also agrees to comply with applicable Grantee ordinances,
resolutions and policies concerning the displacement of persons from their
residences.
PERSONNEL & PARTICIPANT CONDITIONS
t4
tx.
A Civil Riqhts
1. Compliance
The Subrecipient agrees to comply with all applicable City, State
and Federal guidelines including, but not limited to Tifle Vl of the
Civil Rights Act of 1964 as amended, Title Vlll of the Civit Rights
Act of 1968 as amended, Section 104(b) and Section 109 of Tifle I
of the Housing and Community Development Act of 1g74 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.
2. Nondiscrimination
The subrecipient 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. The applicable non-discrimination
provisions in Section 109 of the HCDA are still applicable.
3. Section 504
The Subrecipient agrees to comply with all Federal regulations
issued pursuant to compliance with Section S04 of the
Rehabilitation Act of 1973 (29 U.S.C. 794), which prohibits
discrimination against the individuals with disabilities or handicaps
in any Federally assisted program. The Grantee shall provide the
Subrecipient with any guidelines necessary for compliance with that
portion of the regulations in force during the term of this Agreement.
Affirmative Action
1. Approved Plan
The Subrecipient agrees that it shall be committed to carry out
pursuant to the Grantee's specifications an Affirmative Action
Program in keeping with the principles as provided in president's
Executive Order 11246 of September 24, 1960. The Grantee shall
provide Affirmative Action guidelines to the Subrecipient to assist in
the formulation of such program. The subrecipient shall submit a
plan for an Affirmative Action Program for approval prior to the
award of funds.
15
B.
2 Women- and Minoritv-Owned Businesses (WMBE)
The Subrecipient 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 Agreement. As used in this Agreement, 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 fifty-one (51) percent owned and
controlled by minority group members or women. The Subrecipient
may rely on written representations by businesses regarding their
status as minority and female business enterprises in lieu of an
independent investigation.
Access to Records
The Subrecipient shall furnish and cause each of its own
Subrecipients or subcontractors to furnish all information and
reports required hereunder and will permit access to its books,
records and accounts by the Grantee, HUD or its agent, or other
authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions
stated herein.
Notifications
The Subrecipient 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 Subrecipient's commitments hereunder, and
shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
Equal Emplovment Opportunitv and Affirmative Action (EEO/AA)
Statement
The Subrecipient will, in all solicitations or advertisements for
employees placed by or on behalf of the Subrecipient, state that it
is an Equal Opportunity or Affirmative Action employer.
Subcontract Provisions
3.
4.
5
6.
t6
C.
The Subrecipient will include the provisions of Paragraphs lX.A,
Civil Rights, and 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 Subrecipients or
subcontractors.
Em plovment Restrictions
1. Prohibited Activitv
The Subrecipient is prohibited from using CDBG funds 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 Subrecipient 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 Subrecipient agrees to comply with the Copeland
Anti-Kick Back Act (18 U.S.C.874 ef seq.) and its implementing
regulations of the U.S. Department of Labor at 29 CFR Part 5. The
Subrecipient shall maintain documentation that demonstrates
compliance with hour and wage requirements of this part. Such
documentation shall be made available to the Grantee for review
upon request.
The Subrecipient agrees that, except with respect to the
rehabilitation or construction of residential property containing less
than eight (8) units, all contractors engaged under contracts in
excess of $2,000.00 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
Grantee 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 Subrecipient of its obligation, if any, to require payment
of the higher wage. The Subrecipient shall cause or require to be
17
inserted in full, in all such contracts subject to such regulations,
provisions meeting the requirements of this paragraph.
"Section 3" Clause
a) Compliance: Compliance with the provisions of Section 3 of
the 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 Agreement, shall be a condition of the Federal financial
assistance provided under this Agreement and binding upon
the Grantee, the Subrecipient and any of the Subrecipient's
subcontractors. Failure to fulfill these requirements shall
subject the Grantee, the Subrecipient and any of the
Subrecipient's subcontractors, their successors and assigns,
to those sanctions specified by the Agreement through which
Federal assistance is provided. The Subrecipient certifies
and agrees that no contractual or other disability exists that
would prevent compliance with these requirements.
The Subrecipient 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 Subrecipient further agrees to ensure that opportunities
for training and employment arising in connection with a
housing rehabilitation (including reduction and abatement of
lead-based paint hazards), housing construction, or other
public construction project are given to low- and very low-
18
b)
c)
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 seruice 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 lead-based 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
business concerns that provide economic opportunities to
low- and very low-income residents within the service area
or the neighborhood in which the project is located, and to
low- and very low-income participants in other HUD
programs.
The Subrecipient certifies and agrees that no contractual or
other legal incapacity exists that would prevent compliance
with these requirements.
Notifications: The Subrecipient 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 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.
Subcontracts: The Subrecipient 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 regulations issued by the
grantor agency. The Subrecipient 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
19
2.
The Subrecipient shall not assign or transfer any interest in this
Agreement without the prior written consent of the Grantee thereto;
provided, however, that claims for money due or to become due to the
Subrecipient from the Grantee under this Agreement may be assigned toa bank, trust company, or other financial institution without such
approval. Notice of any such assignment or transfer shall be furnished
promptly to the Grantee.
Subcontracts
a) Approvals: The Subrecipient shall not enter into any
subcontracts with any agency or individual in the
performance of this contract without the written consent of
the Grantee prior to the execution of such agreement.
b) Monitorinq: The Subrecipient 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 follow-
up actions taken to correct areas of noncompliance.
c) Content: The Subrecipient shall cause all of the provisions
of this Agreement in its entirety to be included in and made a
part of any subcontract executed in the performance of this
Agreement.
d) Selection Process: The Subrecipient shall undertake to
insure 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
fonryarded to the Grantee along with documentation
concerning the selection process.
Hatch Act
The Subrecipient 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.
Conflict of lnterest
The Subrecipient shall disclose any and all actual or potential
conflicts of interest with Grantee. Furthermore, Subrecipient shall
20
3
4
a)
ensure that any subcontractor also discloses any and all actual or
potential conflicts of interest with the Grantee. Both subrecipient
and any subcontractors shall complete a Disclosure of conflict of
lnterest Form included as Exhibit "D".
The Subrecipient further agrees to abide by the provisions of 24
CFR 84.42 and 570.611, which include (but are not limited to) the
following:
The Subrecipient 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.
No employee, officer or agent of the Subrecipient shall
participate in the selection, or in the award, or administration
of, a contract supported by Federal funds if a conflict of
interest, real or apparent, would be involved.
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 Grantee, the Subrecipient,
or any designated public agency.
Lobbvinq
The Subrecipient hereby 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
21
b)
c)
5
6
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) lf 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) lt will require that the language of paragraph (d) of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative
agreements) and that all Subrecipients shall certify and
disclose accordingly:
d) Lobbvinq 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 ceftification shall be subject to a civil
penalty of not less than $10,000 and not more than
$100,000 for each such failure.
Copyriqht
lf this Agreement results in any copyrightable material or
inventions, the Grantee 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 governmental purposes.
Reliqious Activities
The Subrecipient agrees that funds provided under this Agreement
will not be utilized for inherently religious activities prohibited by 24
7
22
X.
CFR 570.200(J), such as worship, religious instruction,
proselytization.
ENVIRONMENTAL CONDITIONS
A. Air and Water
c.
The Subrecipient 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, ef seq.;
2. Federal Water Pollution Control Act, as amended, 33 U.S.C., 1251,
ef seq., as amended, 1318 relating to inspection, monitoring, entry,
repofts, 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.
Flood Disaster Protection
ln accordance with the requirements of the Flood Disaster Protection Act
of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities
located in an area identified by the Federal Emergency Management
Agency (FEMA) as having special flood hazards, flood insurance under
the National Flood lnsurance Program is obtained and maintained as a
condition of financial assistance for acquisition or construction purposes
(including rehabilitation).
Lead-Based Paint
The subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall
be subject to HUD Lead-Based Paint Regulations al24 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 lead-based paint and explain the symptoms, treatment and
precautions that should be taken when dealing with lead-based paint
poisoning and the advisability and availability of blood lead level screening
for children under seven. The notice should also point out that if lead-
based paint is found on the property, abatement measures may be
undertaken. The regulations further require that, depending on the amount
23
B.
xt.
of Federal funds applied to a property, paint testing, risk assessment,
treatment and/or abatement may be conducted.
D. Historic Preservation
The Subrecipient 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.
ln 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.
ATTORNEY FEES
lf either party is required to commence any proceeding or legal action to enforce
or interpret any term, covenant or condition of this Agreement, the prevailing
party will be entitled to recover from the other party its reasonable attorney's fees
and legal expenses.
BINDING ON ALL SUCCESSORS AND ASSIGNS
unless othen¡rise expressly provided in this Agreement, all the terms and
provisions of this Agreement shall be binding on and inure to the benefit of the
parties hereto, and their respective nominees, heirs, successors, assigns, and
legal representatives.
XIII. COUNTERPARTS
This Agreement may be executed in counterparts, each of which when executed
and delivered will be deemed an original, and all of which together will constitute
one instrument. The execution of this Agreement by any party hereto will not
become effective until counterparts hereof have been executed by all parties
hereto.
XIV. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever
24
xil.
possible, be cumulative with all other remedies at law or in equity. All powers and
remedies given by this Agreement shall be cumulative and in addition to those
othenruise provided by law.
XV. EFFECTIVE DATE
This Agreement shall be effective upon the Parties' complete execution following
City Council approval.
XVI. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement of the parties
with respect to the subject matter hereof. This Agreement supersedes all prior
negotiations, representations or agreements, either written or oral. This
Agreement may be modified or amended only by written instrument duly
authorized and executed by both Grantee and Subrecipient.
XVII. EXHIBITS
Each exhibit and attachment referenced in this Agreement is, by the reference,
incorporated into and made a part of this Agreement.
XVIII. EXPENSES INCURRED UPON EVENT OF DEFAULT
Subrecipient shall reimburse Grantee for all reasonable expenses and costs of
collection and enforcement, including reasonable attorney's fees, incurred by
Grantee as a result of one or more Events of Default by Subrecipient under this
Agreement.
XIX. GOVERNING LAW AND VENUE
Except to the extent preempted by applicable federal law, the laws of the State of
California shall govern all aspects of this Agreement, including execution,
interpretation, performance, and enforcement. Venue for filing any action to
enforce or interpret this Agreement will be Fresno County, California.
XX. HEADINGS
25
The section headings and subheadings contained in this Agreement are included
for convenience only and shall not limit or othen¡vise affect the terms of this
Agreement.
XXI. INTERPRETATION
This Agreement in its final form is the result of the combined efforts of the parties.
Any ambiguity will not be construed in favor or against any party, but rather by
construing the terms in accordance with their generally accepted meaning.
XXII. NO THIRD.PARTY BENEFICIARY
The rights, interests, duties and obligations defined within this Agreement are
intended for the specific parties hereto as identified in the preamble of this
Agreement. Notwithstanding anything stated to the contrary in this Agreement, it
is not intended that any rights or interests in this Agreement benefit or flow to the
interest of any third parties other than expressly identified herein. No
subcontractor, mechanic, materialman, laborer, vendor, or other person hired or
retained by Subrecipient shall have any rights hereunder and shall look to
SUBRECIPIENT as their sole source of recovery if not paid. No third party may
enter any claim or bring any such action against Grantee under any
circumstances. Except as provided by law, or as otherwise agreed to in writing
between Grantee and such person, each such person shall be deemed to have
waived in writing all right to seek redress from Grantee under any circumstances
whatsoever. Subrecipient shall include this paragraph in all
contracts/s u bco ntracts.
XXIII. NO WAIVER
Neither failure nor delay on the part of the Grantee in exercising any right under
this Agreement shall operate as a waiver of such right, nor shall any single or
partial exercise of any such right preclude any further exercise thereof or the
exercise of any other right. No waiver of any provision of this Agreement or
consent to any departure by the DEVELOPER therefrom shall be effective unless
the same shall be in writing, signed on behalf of the Grantee by a duly authorized
officer thereof, and the same shall be effective only in the specific instance for
which it is given. No notice to or demand on the DEVELOPER in any case shall
entitle the DEVELOPER to any other or further notices or demands in similar or
other circumstances, or constitute a waiver of any of the Grantee's right to take
other or further action in any circumstances without notice or demand.
26
XXIV. NON.RELIANCE
Subrecipient hereby acknowledges having obtained such independent legal or
other advice as it has deemed necessary and declares that in no manner has it
relied on Grantee, it agents, employees or attorneys in entering into this
Agreement.
XXV. PRECEDENCE OF DOGUMENTS
ln the event of any conflict between the body of this Agreement and any exhibit
or attachment hereto, the terms and conditions of the body of this Agreement will
control.
XXVI. SEVERABILITY
lf 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 fullforce and effect.
ilt
27
lN WITNESS WHEREOF, the parties have executed this Agreement at Fresno,
California, the day and year first above written.
CITY OF FRESNO FRESNO COUNTY ECONOMIC
OPPORTUNITIES COMMISSION
Bruce Rudd, City Manager
(Attach notary certificate of acknowledgment)
acknowledgment)
Date:Date:
ATTEST:
YVONNE SPENCE, CMC
City Clerk
Date:
CITY:
City of Fresno, a municipal corporation
Development and Resource
Management Department, Housing
and Community Development Division
2600 Fresno Street Room 3076
Fresno, CA93721
APPROVED AS TO FORM:
Doug Sloan
City Attorney
Date:
Subrecipient:
Fresno County Economic Opportunities
Commission
Brian Angus, Executive Director
1900 Mariposa Mall Suite 300
Fresno, C493721
Attachments:
Exhibit A - Project Description, Requirements and Scope of Services
Exhibit B - Budget
Exhibit C - lnsurance
Exhibit D - Disclosure of Conflict of lnterest
Exhibit E - Target Area Map
TNP:ns [63590ns/tnp]
Brian Angus, Ex
(Attach notary certificate of
28
EXHIBIT "A''
TARGETED AREA DISTRESSED PROPERTY PROGRAM
SCOPE OF SERVICES
A. Program Goals
The Subrecipient will be responsible for administering a CDBG Year 2013-2014 housing
rehabilitation program, also referred to as the Targeted Area Distressed Property
Program ("Program"), for the City of Fresno, hereinafter referred to as "the Grantee."
The Subrecipient will administer all tasks in connection with the aforesaid program in
compliance with all applicable Federal, state, and local rules and regulations governing
these funds, and in a manner satisfactory to the Grantee.
Subrecipient will provide rehabilitation services under the Program. The major goal of
this Program is to addresses code enforcement infractions, make minor interior and
exterior repairs, and paint the exterior of the dwelling. Neighborhoods with clusters of
code enforcement infractions will be targeted for home repair assistance; with code
infractions mitigated first and any remaining funds used for other general property
improvements. These home repairs may include, but are not limited to, the Scope of
Services set forth below. This Program will operate within specific boundaries in the
southwest, southeast, and central areas of Fresno (Exhibit "E").
Changes to the program goals, scope of services, schedule or budget, unless othenryise
noted, may only be made through a written amendment to this Agreement, executed by
the Subrecipient and Grantee.
B. Eliqibilitv and Terms of Assistance
Eligible homeowners meeting the criteria detailed below will be granted up to $10,000
for home repairs. Eligible homeowners may, in the Division Manager's sole discretion,
receive up to an additional $5,000 based upon exigent circumstances of the Project.
Because the assistance is in the form of a grant; there is no expectation of repayment
from the assisted homeowner and a lien will not be recorded against the property.
Homeowners must meet the following qualifications in order to be considered for the
Program.
1. Ownership and Occupancy: Homeowner must provide proof or ownership
and occupancy of the home proposed for rehabilitation.
2. lncome: Homeowner must qualify as a low-income household, based on
gross household income and family size, as established by the U.S.
Department of Housing and Development (HUD).
C. Propertv Assessments
Applicants to the Program will be referred to work with Subrecipient to conduct an
assessment of the residence in order to document current conditions and determine the
nature and general scope of the eligible repair work. Grantee will review the
assessment and determine the eligibility of the qualifying deficiencies. Applications will
be reviewed for compliance with the following priorities:
1. Code infractions that pose an imminent threat to health and safety of the
occupants; or
2. Code infractions that repair a Housing Quality Standard delinquency; or
3. General improvements
After completion of the assessment, Subrecipient will prepare a Scope of Work for
review and acceptance by the homeowner. Subrecipient will submit a copy of its
Agreement with the homeowner to the Grantee detailing the work provided and the
homeowner's written approval. Once received, Grantee will approve the Scope of Work
and provide written notice to initiate rehabilitation.
D. Waitinq Lists
Assistance under the Program is limited to a first-approved, first-served basis. Grantee
shall maintain a Pending Eligibility and Approved Waiting List for all applications of
assistance. All applicants meeting the initial screening and criteria and initial feasibility
assessment will be placed on a Pending Eligibility Waiting List. Upon receipt of all
verification forms and completion of the eligibility and undenruriting process, approved
applicants will be moved from the Pending Eligibility Waiting List and placed on the
Approved Waiting List. Only those persons on the Approved Waiting List are
considered approved and will be assisted in the order they are placed on the approved
list. To ensure fairness in the process applicant approval dates will be maintained in
Grantee's database. Grantee reserves the right to close the Approved Waiting List and
accept no further applications when the number of approved applicants exceeds a three
(3) month wait for repairs to be completed.
ln addition to the Pending Eligibility and Approved Waiting Lists, Grantee will also
maintain an lnquiry and lntake List for the purpose of assessing demand.
E. Project Schedule
Unless amended by mutual written agreement by the Subrecipient and the Grantee,
Subrecipient will perform the described housing rehabilitation tasks and complete the
rehabilitation of eligible units in conformance with the project deadline, unless othenruise
extended as detailed in Section ll.
F. Scope of Services
Electrical Plumbingo Unsafe electrical panel / cover . Leaking faucets¡ Unsafe electricalconnections . lnoperable / broken / leaking toilets¡ Exposed / loose wiring ¡ Leaking exterior water bibs / sprinklers,. Faulty electrical outlets valves
o Faulty or damaged electric appliances o Water heaters PRV / venting / Gas supply /o Smoke Detectors / Light Fixtures seismic straps
o Missing / inadequate GFCI's ¡ Damaged showers / bath tubso Missing electrical cover plates ¡ Faulty or damaged gas appliances /
connections
Mechanical Code Violations. lnoperable heaters ¡ Barnyard Animalso HVAC inoperable / lack of heating ¡ Trash / Debris in house or on propertyr Ducts with mold / mildew o Tires¡ Exhaust fans Kitchen / Bath / Utility . Tarp & Pole Structures
. lnoperable Vehicles
o Weeds / overgrown trees & shrubso Recreational Vehicle storage
Structural & General Recommended lmprovements¡ Standing water due to improper grading ¡ lnsulation¡ Leaking evaporative coolers . Fluorescent lighting¡ Broken Windows ¡ Window repair/replacement. lnoperable windows . Weatherization ¡mprovementso Sub-standard structures / foundations¡ Missing or damaged window screens¡ Water damage to floors / ceiling
¡ Deteriorated / leaky roofs
. Dry rot
¡ Mold / mildew anywhere
¡ Unsafe damaged / deteriorated fences
o Fence gates that won't open or close
properly
. Trip hazards
¡ lnsect infestation / animal droppings¡ Blocked access to opening egress in house. Blocked access to property side yards
¡ Lack of Off Street Covered Parking
o Structures or Conversions without proper
permits
. Operable doors, locks, hardware /
thresholds / weather strippingc Zoning inconsistent with residential single-
family use.
EXHIBIT "B''
TARGETED AREA DISTRESSED PROPERTY PROGRAM
BUDGET
The following is the budget for the CDBG FY2013-3014 Targeted Area
Distressed Property Program to be administered by the Subrecipient. Unless
othen¡vise noted, this budget may only be modified through a formal written
amendment approved by the Grantee.
Line ltem
Salaries
Fringe
Office Space (Program only)
Reprod uction/P ri nti n g
Supplies and Materials
Mileage
Audit
Construction
Amount:
50,000
15,000
2,525
2,500
2,500
300
600
389,075
lndirect Costs (Specitu) 37,500
TOTAL $500,000
EXHIBIT "C''
TARGETED AREA DISTRESSED PROPERTY PROGRAM
INSURANCE REQUIREMENTS
Throughout the life of this Agreement, Subrecipient shall pay for and maintain in full
force and effect all policies of insurance required hereunder with an insurance
company(ies) either (i) admitted by the California lnsurance Commissioner to do
business in the State of California and rated not less than "A- Vll" in Best's lnsurance
Rating Guide, or (ii) authorized by Grantee's Risk Manager. The following policies of
insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as
broad as the most current version of lnsurance Services Office (lSO) Commercial
General Liability Coverage Form CG 00 01 and include insurance for "bodily injury,"
"property damage" and "personal and advertising injury" with coverage for premises and
operations (including the use of owned and non-owned equipment), products and
completed operations, and contractual liability (including, without limitation, indemnity
obligations under the Contract) with limits of liability of not less than the following:
$1,000,000 per occurrence for bodily injury and property damage
$1,000,000 per occurrence for personal and advertising injury
$2,000,000 aggregate for products and completed operations
$2,000,000 general aggregate applying separately to the work performed
under the Contract
(ii) COMMERCIAL AUTOMOBILE LIABILITY insurance which shall be at
least as broad as the most current version of lnsurance Service Office (lSO) Business
Auto Coverage Form CA 00 01, and include coverage for all owned, hired, and
non-owned automobiles or other licensed vehicles (Code 1 - Any Auto) with limits of
liability of not less than $1,000,000 per accident for bodily injury and property damage.
(iii) WORKERS' COMPENSATION insurance as required under the California
Labor Code.
(iv) EMPLOYERS' LIABILITY insurance with limits of liability of not less than
$1,000,000 each accident, $1,000,000 disease policy limit and $1,000,000 disease each
employee.
(v) BUILDERS RISK (Course of Construction) insurance in an amount equal
to the completed value of the project with no coinsurance penalty provisions. (Only
required if the project includes new construction of a building; or renovation of, or
addition to, an existing building.)
(vi) CONTRACTORS POLLUTION LIABILITY (unless waived in writing by the
City's Risk Manager or his/her designee, Contractors Pollution Liability is required for all
environmental and water remediation work and for all work transporting fuel. Unless
waived in writing by the City's Risk Manager or his/her designee, Contractors Pollution
Liability is also required for demolition, renovation, HVAC, plumbing, or electrical
(including, without limitation, lighting) work on any structure build priorto the year 1990)
insurance with limits of liability of not less than the following:
$1,000,000 per occurrence or claim
$2,000,000 general aggregate per annual policy period
ln the event Subrecipient purchases an Umbrella or Excess insurance policy(ies) to
meet the minimum limits of insurance set forth above, this insurance policy(ies) shall
"follow form" and afford no less coverage than the primary insurance policy(ies).
ln the event this Contract involves any lead based, mold or asbestos environmental
hazard, either the Automobile Liability insurance policy or the Contractors Pollution
Liability insurance policy shall be endorsed to include Transportation Pollution Liability
insurance covering materials to be transported by Subrecipient pursuant to the
Contract.
ln the event this Contract involves any lead-based environmental hazard (e.g., lead
based paint), the Contractors Pollution Liability insurance policy shall be endorsed to
include coverage for lead based environmental hazards. ln the event this Contract
involves any asbestos environmental hazard (e.9., asbestos identification or
remediation), the Contractors Pollution Liability insurance policy shall be endorsed to
include coverage for asbestos environmental hazards. ln the event this Contract
involves any mold environmental hazard (e.9., mold identification or remediation), the
Contractors Pollution Liability insurance policy shall be endorsed to include coverage for
mold environmental hazards and "microbial matter including mold" within the definition
of "Pollution" under the policy.
Subrecipient shall be responsible for payment of any deductibles contained in any
insurance policies required hereunder and Subrecipient shall also be responsible for
payment of any self-insured retentions. Any deductibles or self-insured retentions must
be declared to, and approved by, the Grantee's Risk Manager or his/her designee. At
the option of the Grantee's Risk Manager or his/her designee, either (i) the insurer shall
reduce or eliminate such deductibles or self-insured retentions as respects Grantee, its
officers, officials, employees, agents and volunteers; or (ii) Subrecipient shall provide a
financial guarantee, satisfactory to Grantee's Risk Manager or his/her designee,
guaranteeing payment of losses and related investigations, claim administration and
defense expenses. At no time shall Grantee be responsible for the payment of any
deductibles or self-insured retentions.
All policies of insurance required hereunder shall be endorsed to provide that the
coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except
after 30 calendar day written notice has been given to Grantee. Upon issuance by the
insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in
coverage or in limits, Subrecipient shall furnish Grantee with a new certificate and
applicable endorsements for such policy(ies). ln the event any policy is due to expire
during the work to be performed for Grantee, Subrecipient shall provide a new
certificate, and applicable endorsements, evidencing renewal of such policy not less
than 15 calendar days prior to the expiration date of the expiring policy.
The General Liability and Automobile Liability insurance policies shall be written on an
occurrence form. The Subrecipient's Pollution Liability insurance policy shall be written
on either an occurrence form, or a claims-made form. The General Liability, Automobile
Liability and Subrecipient's Pollution Liability insurance policies shall name Grantee, its
officers, officials, agents, employees and volunteers as an additional insured. All such
policies of insurance shall be endorsed so Subrecipient's insurance shall be primary and
no contribution shall be required of Grantee. The coverage shall contain no special
limitations on the scope of protection afforded to Grantee, its officers, officials,
employees, agents and volunteers. lf Subrecipient maintains higher limits of liability
than the minimums shown above, Grantee requires and shall be entitled to coverage for
the higher limits of liability maintained by Subrecipient. The General Liability insurance
policy shall also name the Grantee, its officers, officials, agents, employees and
volunteers as additional insureds for all ongoing and completed operations The
Builders Risk (Course of Construction) insurance policy shall be endorsed to name the
Grantee as a loss payee. Any Workers' Compensation insurance policy shall contain a
waiver of subrogation as to Grantee, its officers, officials, agents, employees and
volunteers.
Subrecipient shall furnish Grantee with all certificate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements
are to be received and approved by the Grantee's Risk Manager or hisiher designee
prior to Grantee's execution of the Contract and before work commences. Upon
request of Grantee, Subrecipient shall immediately furnish Grantee with a complete
copy of any insurance policy required under this Contract, including all endorsements,
with said copy certified by the undenuriter to be a true and correct copy of the original
policy.
This requirement shall survive expiration or termination of this Agreement.
Claims-Made Policies - lf any coverage required is written on a claims-made coverage
form:(i) The retroactive date must be shown, and must be before the effective date
of the Contract or the commencement of work by Subrecipient.(ii) lnsurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the work or termination of the
Contract, whichever first occurs.(lii) lf coverage is canceled or non-renewed, and not replaced with another
claims-made policy form with a retroactive date prior to the effective date of the
Contract, or work commencement date, Subrecipient must purchase extended
reporting period coverage for a minimum of 5 years after completion of the work
or termination of the Contract, whichever first occurs.
(iv) A copy of the claims reporting requirements must be submitted to Grantee
for review.(v) These requirements shall survive expiration or termination of the Contract.
lf at any time during the life of the Contract or any extension, Subrecipient or any of its
subcontracors fail to maintain any required insurance in full force and effect, all work
under this Contract shall be discontinued immediately, and all payments due or that
become due to Subrecipient shall be withheld until notice is received by Grantee that
the required insurance has been restored to full force and effect and that the premiums
therefore have been paid for a period satisfactory to Grantee. Any failure to maintain
the required insurance shall be sufficient cause for Grantee to terminate this Contract.
No action taken by Grantee hereunder shall in any way relieve Subrecipient of its
responsibilities under this Contract. The phrase "fail to maintain any required
insurance" shall include, without limitation, notification received by Grantee that an
insurer has commenced proceedings, or has had proceedings commenced against it,
indicating that the insurer is insolvent.
The fact that insurance is obtained by Subrecipient shall not be deemed to release or
diminish the liability of Subrecipient, including, without limitation, liability under the
indemnity provisions of this Contract. The duty to indemnify Grantee shall apply to all
claims and liability regardless of whether any insurance policies are applicable. The
policy limits do not act as a limitation upon the amount of indemnification to be provided
by Subrecipient. Approval or purchase of any insurance contracts or policies shall in no
way relieve from liability nor limit the liability of Subrecipient, its principals, officers,
agents, employees, persons under the supervision of Subrecipient, vendors, suppliers,
invitees, consultants, sub-consultants, subcontractors, or anyone employed directly or
indirectly by any of them.
ln the event of a partial or total destruction by the perils insured against of any or all of
the work and/or materials herein provided for at any time prior to the final completion of
the Contract and the final acceptance by the Grantee of the work or materials to be
performed or supplied there under, the Subrecipient shall promptly reconstruct, repair,
replace, or restore all work or materials so destroyed or injured at his/her sole cost and
expense. Nothing herein provided for shall in any way excuse the Subrecipient or
his/her insurance company from the obligation of furnishing all the required materials
and completing the work in full compliance with the terms of the Contract.
lf Subrecipient should subcontract all or any portion of the services to be performed
under this Contract, Subrecipient shall require each subcontractor to provide insurance
protection in favor of Grantee, its officers, officials, employees, agents and volunteers in
accordance with the terms of each of the preceding paragraphs, except that the
subcontractors' certificates and endorsements shall be on file with Subrecipient and
Grantee prior to the commencement of any work by the subcontractor.
PERFORMANCE AND PAYMENT BONDS
The Subrecipient shall provide two good and sufficient surety bonds from a corporate
surety admitted by the California lnsurance Commissioner to do business in the State of
California, on forms as those provided by the Grantee in these Specifications, and
approved by the Grantee.
L The "Payment Bond" shall be for not less than 100 percent of the Contract price,
to satisfy claims of material suppliers and of mechanics and laborers employed by
Subrecipient on the work. The bond shall be maintained by the Subrecipient in full force
and effect until the work is completed and accepted by the Grantee, and until all claims
for materials and labor are paid, and shall othenryise comply with Chapter 7, Title XV,
Parl4, Division 3 of the California Civil Code.
2. The "Faithful Performance Bond" shall be for 100 percent of the Contract price to
guarantee faithful performance of all work, within the time prescribed, in a manner
satisfactory to the Grantee, and that all materials and workmanship will be free from
original or developed defects.
3. ln lieu of the bonds required above, Grantee, in its sole discretion, may accept
from Subrecipient an lrrevocable Standby Letter of Credit issued with Grantee named
as the sole beneficiary in the amount(s) of the bonds required above. The lrrevocable
Standby Letter of Credit is to be issued by a bank, and in a form, acceptable to
Grantee. This lrrevocable Standby Letter of Credit shall be maintained by Subrecipient
in full force and effect until Grantee is provided with a recorded Notice of Completion for
construction of the Project and shall be subject to and governed by the laws of the State
of California."
EXHIBIT ..D"
TARGETED AREA DISTRESSED PROPERTY PROGRAM
DISCLOSURE OF CONFLICT OF INTEREST
YES*NO
1.Are you currently in litigation with the City of Fresno or any of
its aoents?x
2.Do you represent any firm, organization or person who is in
litisation with the Citv of Fresno?x
3.Do you currently represent or perform work for any clients
who do business with the Citv of Fresno?
4-Are you or any of your principals, managers or professionals,
owners or investors in a business which does business with
the City, or in a business which is in litigation with the City?><
5.Are you or any of your principals, managers or professionals,
related by blood or marriage to any Gity employee who has
any significant role in the subiect matter of this service?{
6.Are you employed by any other jurisdictions or agencies?X
* lf the answer to any question is yes, please explain in full.
Brian Angus,Director
Fresno County Economic Opportunities
Commission
TARGETED AREA DISTRESSED PROPERTY PROGRAM - TARGET AREA MAP
HUNTINGTON BLVD
HUNTINGTON SLVD
VENTURA. S1
EUILER AVE
IAAVE
CHURCH AVE
U
f
t¡J
AVE
Draút 17h,20f 3
CAI.IFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California ì
county or Ffes'/\O I
On before me,
personally appeared
who proved to me on the basis of satisfactory
evidence to be the person(efwhose name(e) is/are
subscribed to the within instrument and acknowledged
to me that he/s,Htlc€y executed the same in
his/her/their authòrized capacity(Þs), and that by
his/her/their signatureþ) on the instrument the
personþ), or the entity upon behalf of which the
personþ| acted, executed the instrument.
I ceftify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and officialseal.
Place Notary Seal and/or Slamp Above
Signature:
OPTIONAL
Though the ¡nformation below,is not required by law, it may prove valuable to persons retying on the document
and could plevent fraudulent removal and reattachment of thÌs form to anothei document.
Descriþtion of Attached Document
Title or Type of Document:
Document Date:Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Glaimed by Signer(s)
Signer's Name:Signer's Name:
n Corporate Officer - Title(s):! Corporate Officer - Title(s):
n lndividual
n Partner-tr Limited n General
I Attorney in Fact
! Trustee
n Guardian or Conservator
X Other:
n lndividual
n Partner-n Limited n General
tr Attorney in Fact
tr Trustee
I Guardian or Conseruator
tr Other:
Signer ls Representing:Signer ls Representing:
Dzhblz Lø.nuvfi
ooln¡foi, ?0a¡0?lfüttrilc.CdÍmlr
fr¡a. Co{rt
'tj .t'rt' ¡
l'..¡¿LIl-,^.rill
RIGHT TI{UMBP
OF SIGNER
BIGHT THUMBPI
OF SIGNEH
@2008National NotaryAssociat¡on'9350DeSotoAve,POBox2402.chatsworlh,cA91313-2402.MNationalNotaryorg ttem#5907 Reorder:callToil-Ffee.1-800-87ô-6827