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HomeMy WebLinkAbout2002-033 CDBG Homeless Support d° CIT`OFFAT DRO CONTRACT#-2Q©`O.3 3 AGREEMENT FOR GRANT OF CDBG FUNDS TO PROVIDE HOMELESS SUPPORT SERVICES THIS AGREEMENT is made and entered into this ),I day ofPew , 2002, by and between EL CAMINO HOMELESS ORGANIZATION (ECHO), and the CITY OF ATASCADERO, a political subdivision of the State of California (hereinafter referred to as "the City"). WITNESSETH: WHEREAS, ECHO provides support to the local homeless population by providing meals, temporary shelter and outreach services; and WHEREAS, ECHO requested funding in the amount of $11,820 through the Community Development Block Grant(CDBG)Program to provide these services; and WHEREAS, the San Luis Obispo County Board of Supervisors approved the County of San Luis Obispo Consolidated Plan and projected use of funds pursuant to applicable federal regulations (24 CFR Part 570), hereinafter referred to as the "2002 Consolidated Plan," providing for $11,820 from the 2002 CDBG Program to enable ECHO to carry out the project; and WHEREAS, HUD approved the 2002 one year action plan of the consolidated Plan by executing a grant agreement; and NOW, in consideration of the mutual promises, recitals and other provisions hereof,the parties agree as follows: 2002 CDBG-ECHO 1 Ifto1. Scope of Activities All funds will be awarded within 18 months of the execution of this Agreement. The approved Scope of Activities is detailed in attached Exhibit A — "2002 Budget". Any deviation from the approved Scope will require written approval from the City. Use of these funds is restricted to providing services to the homeless population of Atascadero. E.C.H.O. shall not transport persons to local shelter facilities from outside the city using C.D.B.G. funds, or a C.D.B.G. funded vehicle. 2. Reporting (a) ECHO shall submit quarterly progress reports to the City Administrative Services Department describing the progress made toward accomplishing the above-listed activities. ECHO agrees to submit to the City Administrative Services Department a final report within 60 days of completing the Project, describing which of the Project objectives and activities ECHO has accomplished, with sufficient detail to enable the City to properly evaluate ECHO performance in completing the objectives and activities of the Project. (b) The City shall prepare and submit all CDBG reports required under its Grant Agreement with HUD. (c) ECHO shall submit quarterly reports, using the form provided in this contract, relative to the Characteristics of persons benefiting from these funds as required under HUD regulations. 2002 CDBG-ECHO 2 3. City Responsibilities City shall be responsible for fulfilling responsibilities of the Grantee pursuant to the Grant Agreement. 4. Relationship to Grant Agreement ECHO acknowledges and agrees that this Agreement is subject to the obligations and limitations imposed on the City by the Grant Agreement and all future amendments to Grant Agreement and is intended to be in conformance and harmony with it. ECHO further acknowledges that if the Grant Agreement is terminated by the United States Government, prior to its implementation by appropriation and/or funding, the City shall have the right to terminate or amend this Agreement by giving written notice of the termination or amendment of this Agreement to ECHO. ECHO hereby expressly agrees to the provisions of the Grant Agreement and further expressly agrees that nothing in this Agreement shall be deemed to require the City to perform an obligation in conflict with the Grant agreement. ECHO further agrees that the city's rights to enter into amendments to the Grant Agreement is not, and shall not be restricted or impaired, in any way,by this Agreement. 5. Compensation Subject to the terms and conditions of this Agreement (including the availability of CDBG funds to the City), City shall make available to ECHO the amount of$11,820 to enable ECHO carry out the Project. In no instance shall the City be liable for any costs of the Project in excess of$11,820, nor for any unauthorized or ineligible costs. ECHO shall not obligate or expend any part of the $11,820 for purposes other than providing 2002 CDBG-ECHO 3 homeless services. Any funds provided, but not expended for authorized costs will be returned to the City Administrative Services Director. 6. Term of Agreement The term of this Agreement shall commence on the date first above written and shall terminate 5 years from the date, unless sooner terminated as hereinafter provided. 7. Termination of Agreement for Cause If City determines that ECHO has incurred obligations or made expenditures for purposes which are not permitted or are prohibited under the terms and provisions of this Agreement, or if City determines that ECHO has failed to fulfill its obligations under this Agreement in a timely and professional manner, or if ECHO is in violation of any of the terms or provisions of this Agreement, or if City is given notice by HUD or the County that HUD or the County is terminating its Grant Agreement with the City, or if ECHO makes a general assignment for the benefit of ECHO creditors, or if a receiver should be appointed in the event of ECHO insolvency, then City shall have the right to terminate this Agreement effective immediately upon giving written notice thereof to ECHO. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to effective date of such termination. If City's termination of ECHO Agreement for cause is defective for any reason, including but not limited to City's reliance on erroneous facts concerning ECHO performance, or any defect in the notice thereof, City's maximum liability shall not exceed the amount payable to ECHO under paragraph five (5) of this Agreement. 2002 CDBG-ECHO 4 8. Termination for Convenience Either party may terminate this Agreement at any time by giving the other party 30 days written notice of such termination. Termination shall have no effect upon the rights and obligations of the parties arising out of any transaction occurring prior to the effective date of such termination. Contractor shall be paid for all work satisfactorily completed prior to the effective date of said termination. 9. Sources and Availability of Funds It is understood by the parties thereto that the funds being used for the purpose of this Agreement are funds furnished to City through HUD pursuant to the provisions of the Act. Notwithstanding any other provision of this Agreement, the liability of City shall be limited to CDBG funds available for the project. ECHO understands that City must wait for release of funds from HUD before grant funds may be advanced or reimbursed. City shall incur no liability to ECHO, its officers, agents, employees, suppliers, or contractors for any delay in making any such payments. 10. Reimbursement of Improper Expenditures If any time within applicable statutory periods of limitation it is determined by City or by HUD or its duly authorized representatives, or by the United States Secretary of Treasury or his duly authorized representatives that funds provided for under the terms of this Agreement have been used by or on behalf of ECHO in a manner or for purposes not authorized or prohibited by said Act or regulations adopted pursuant thereto ECHO 2002 CDBG-ECHO 5 `rrr* shall, at City's request,pay to City an amount equal to one hundred percent of the amount improperly expended. 11. Employment Status ECHO shall, during the entire term of this Agreement, be construed as a contractor, and nothing in this Agreement is intended nor shall be construed to create an employer-employee relationship or a joint venture relationship. Neither ECHO nor any of ECHO agents, employees, or contractors are or shall be considered to be agents or employees of the City or HUD in connection with the performance of ECHO obligations under this Agreement. 12. Records (a) All records, accounts, documentation and all other materials relevant to a fiscal audit or examination, as specified by HUD, shall be retained by ECHO for a period of not less than three (3) years from the date of termination of this Agreement. (b) If so directed by the City or HUD upon termination of this Agreement ECHO shall cause all records, accounts, documentation and all other materials relevant to the work to be delivered to the City or HUD as depository. (c) ECHO understands that ECHO shall be subject to the examination and audit of the City Administrative Services Director for a period of three (3) years after the final payment under this Agreement. 2002 CDBG-ECHO 6 lkwp� *00 13. Audit (a) All records, accounts, documentation and other materials deemed to be relevant to the work by the City or HUD shall be accessible at any time to the authorized representatives of the county, state or federal government, on reasonable prior notice, for the purpose of examination or audit. (b) An expenditure which is not authorized by this Agreement or which cannot be adequately documented shall be disallowed and must be reimbursed to the City or its designee by ECHO. Expenditures for work not described in paragraph one (1) of this Agreement shall be deemed authorized if the performance of such work is approved in writing by the City or HUD prior to the commencement of such work. (c) Absent fraud or mistake on the part of the City or HUD, the determination by the City and HUD of allowability of any expenditure shall be final. 14. Entire Agreement and Modifications This Agreement sets for the full and entire understanding of the parties regarding the matter set forth herein, and any other prior to existing understandings or Agreements by the parties, whether formal or informal, regarding any matters are hereby superseded or terminated in their entirety. No changes, amendments, or alterations shall be effective unless in writing and signed by all parties hereto. ECHO specifically acknowledges that in entering into and executing this Agreement, ECHO relies solely upon the provisions contained in this Agreement and no others. 2002 CDBG-ECHO 7 15. Insurance ECHO shall obtain and maintain for the entire term of this Agreement and ECHO shall not perform any work under this Agreement until ECHO has obtained comprehensive general liability insurance, in companies acceptable to the City, and authorized to issue such insurance in the State of California. Said insurance shall consist of the following: (a) Liability Insurance — ECHO shall maintain in full force and effect, for the period covered by this Agreement, comprehensive liability insurance. This comprehensive general and automobile liability insurance shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property, resulting from any act or occurrence arising out of ECHO operations in the performance of this Agreement, including,without limitation, acts involving vehicles. The amount of insurance shall be not less than one million dollars ($1,000,000) combined single limit coverage for bodily and personal injury, including death resulting therefrom, and property damage. The following endorsements shall be attached to the policy: (1) If the insurance policy covers an "accident" basis, it must be changed to "occurrence". (2) The policy must cover personal injury as well as bodily injury. (3) Blanket contractual liability must be afforded and the policy must contain a cross liability or severability of interest endorsement. 2002 CDBG-ECHO 8 (4) The City, its officers, agents, and employees shall be named as additional insured under the policy, and the policy shall provide that insurance will operate as primary insurance and that no other insurance affected by the City will be called upon to contribute to a loss hereunder. (b) Workers' Compensation Insurance — In accordance with the provisions of Labor Code Section 3700, ECHO is required to be insured against liability for workers' compensation or to undertake self-insurance for any individuals working as employees of ECHO. ECHO agrees to comply with such provisions before commencing the performance of the work under this Agreement. (c) The following requirements apply to all insurance to be provided by ECHO: (1) A certified copy of each insurance policy and a certificate of insurance shall be furnished City within sixty(60) days after execution of this Agreement. A CERTIFICATE ALONE IS NOT ACCEPTABLE. Provided, however, a certificate of insurance shall be furnished City prior to the approval of any advances by the Auditor-Controller of the City pursuant to this Agreement. (2) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty(30) days prior written notice to City. (3) Approval of the insurance by City shall not relieve or decrease the extend to which ECHO may be held responsible for payment of damages resulting from ECHO services or operations pursuant to this Agreement. 2002 CDBG-ECHO 9 (d) If ECHO fails or refuses to procure or maintain the insurance required by this paragraph, or fails or refuses to furnish City with required proof that insurance has been procured and is in force and paid for, City shall have the right, at city's election, to forthwith terminate this Agreement, 16. Funding for Additional Services Funding for any programs, projects, or services beyond the term of this Agreement, by any new agreement or amendment or extension of this Agreement, have not been authorized. Neither City nor any employee of City has made any promise or commitment, express or implied, that any additional funds will be paid or made available to ECHO for the purpose of this Agreement over and above the funds expressly allocated under the terms of this Agreement. 17. Compliance with City, County and State Laws and Regulations ECHO agrees to comply with all City, County and State laws and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity and all other matters applicable to ECHO, its subcontractors, and the work. 18. Compliance with Federal Laws and Regulations ECHO agrees to comply with all federal laws and regulations applicable to the CDBG program and to the work. (a) ECHO will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. 2002 CDBG-ECHO 10 (b) ECHO will not discriminate against any person applying for such public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. (c) ECHO will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence as a prerequisite to receiving these public services. 19. No Assignment Without Consent Inasmuch as this Agreement is intended to secure the specialized services of ECHO, and ECHO shall not have the right to assign or transfer this Agreement, or any part hereof or monies payable hereunder, without the prior written consent of City, and any such assignment or transfer without the City's prior written consent shall be considered null and void. 20. Law Governing and Venue This Agreement has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Agreement shall be determined and governed by the law of the State of California. All duties and obligations of the parties created hereunder are performable in San Luis Obispo County, and such County shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of this Agreement. 21. Enforceability If any terms, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the 2002 CDBG-ECHO 1 I provisions hereof shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. 22. Binding on Successors in Interest All provisions of this Agreement shall be binding on the parties and their heirs, assigns and successors in interest. 23. Effect of Waiver City's waiver or breach of any one terms, covenant or other provision of this Agreement shall be not a waiver of a subsequent breach of the same term, covenant or provision of this Agreement or of the breach of any other term, covenant or provision of this Agreement. 24. Patents & Royalties (a) ECHO shall provide and pay for all licenses and royalties necessary for the legal use and operation of any of the equipment or specialties used in the Project. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by ECHO and delivered to the City upon completion of the Project, if required. (b) ECHO shall assume all costs arising from the use of patented materials, equipment, devices, or processes used in or incorporated in the Project and agrees to indemnify and hold harmless the City and its duly authorized representatives, from all suits of law, or actions of every nature for or on account of the use of any patented materials, equipment, devices, or processes. 2002 CDBG-ECHO 12 erre N400 25. Notices Unless otherwise provided, all notices herein required shall be in writing, and delivered in person or sent by United States first class mail, postage prepaid. Notices required to be given to City shall be addressed as follows: Administrative Services Director, City of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422. Notices required to be given to ECHO shall be addressed as follows: ECHO, Attention: Charlotte Byrne, P.O. Box 2077, Atascadero, CA 93423. Provided that any party may change such address by noticing in writing to the other parties and thereafter,notices shall be transmitted to the new address. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. ECHO yl Charlotte Byrne,Preside CITY OF ATASCADERO 1-1 WADE G. McKINNEY City Manager APPROVED AS TO FORM AND LEGAL EFFECT: City HANLEY torn 2002 CDBG-ECHO 13 EXHIBIT A ECHO 2002 CDBG BUDGET Crisis Intervention Manager $8,820 Emergency Motel Vouchers 3,000 $11,820 2002 CDBG-ECHO 14 *Aw )WA10 Agency Name: Program Name: Quarterly/Year-End Report This Quarter Year to-date Total White,non-Hispanic Black,non-Hispanic Hispanic Asian/Pacific Islander American Indian/Alaskan Native Income less than 30%of median Income 31%to 50%of median Income 51%to 80%of median Male Female Developmentally disabled Physically disabled Age 18 or less Amount Cash Match 1. 2. Federal Government 1. 2. State 1. 2. Local 1. 2. Private Sources: 1. 2. 3. 4. 2002 CDBG—ECHO 15