Agreement - Live Oak Adult Day Services - Contract No. 24CDD1267 - CDBG Adult Day Care Grant - Signed 2023-07-01City of Gilroy
Agreement/Contract Tracking
Today’s Date: September 13, 2023 Your Name: Sandra Nava
Contract
Type:
Other (Non-Standard contracts
must be reviewed by the City
Administrator prior to initiating)
Phone Number: 408.846.0290
Contract Effective Date:
(Date contract goes into effect)
7/1/2023
Contract Expiration Date: 6/30/2024
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
Live Oak Adult Day Services
Contract Subject:
(no more than 100 characters)
CDBG Adult Day Care Grant
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
$9,704.19
By submitting this form, I confirm
this information is complete:
➢Date of Contract
➢Contractor/Consultant name and complete address
➢Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
➢Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
➢Taxpayer ID or Social Security # and Contractors License # if
applicable
➢Contractor/Consultant signer’s name and title
➢City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
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Contract No. 2454060-58145-ADC-23-24
A G R E E M E N T
THIS AGREEMENT (“Agreement”) is made and entered into on July 1, 2023, by and
between the CITY OF GILROY, a Charter City in the State of California (hereinafter "CITY"),
and Live Oak Adult Day Services, a California non-profit public benefit corporation
(hereinafter "CORPORATION").
W I T N E S S E T H
WHEREAS, CITY has received Community Development Block Grant (hereinafter
“CDBG”) Entitlement Program funds from the U.S. Department of Housing and Urban
Development (hereinafter “HUD”) as an entitlement jurisdiction, pursuant to the provisions of
Title 1 of the Housing and Community Development Act of 1974, as amended.
WHEREAS, CITY has agreed to the use by CORPORATION, as a subrecipient of a
portion of CITY’S CDBG 2023 Entitlement, in an amount not to exceed Nine Thousand Seven
Hundred Four and 19/100 Dollars ($ 9,704.19 ), during the time period July 1, 2023
through June 30, 2024 for the purpose of implementing the Adult Day Care Program
(hereinafter "PROGRAM") as more particularly described in Exhibit A, Scope of Services,
Exhibit B, Performance Measures/Numeric Goals for 2023-2024, and Exhibit C, Budget,
which PROGRAM shall be operated within CITY and shall primarily benefit low and very low
income households as described herein.
NOW, THEREFORE, the parties agree as follows:
I.PROGRAM COORDINATION
A.CITY: The City Administrator shall assign the CITY’s Community Development
Director or their Designee (“CD DIRECTOR OR DESIGNEE”) to render overall
supervision of the progress and performance of this Agreement by CITY. All
services agreed to be performed by CITY shall be conducted under the overall
direction of the CD DIRECTOR OR DESIGNEE.
B.CORPORATION: As of the date hereof, CORPORATION has designated Ann
Peterson to serve as EXECUTIVE DIRECTOR and to assume overall
responsibility for the progress and execution of this Agreement. The CITY shall
be immediately notified in writing of the appointment of a new EXECUTIVE
DIRECTOR and the name of that EXECUTIVE DIRECTOR.
C.NOTICES: All notices or other correspondence required or contemplated by this
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Agreement shall be sent to the parties at the following addresses:
CITY: CITY OF GILROY
Housing and Community Services Division
Sandra Nava
7351 Rosanna Street
Gilroy, CA 95020 Phone (408) 846-0290
CORPORATION: Ann Peterson, Executive Director
Name and Title of Executive Director
Live Oak Adult Day Services
Corporation Name
1147 Minnesota Avenue
Address
San Jose, CA 95125
City & Zip
408-971-9363
Area Code and Phone Number
All notices shall either be hand delivered or sent by United States mail, registered or
certified, postage prepaid. Notices given in such a manner shall be deemed received
when delivered. Any party may change his or her address for the purpose of this section
by giving ten (10) days written notice of such change to the other party in the manner
provided in this section.
II.TERM
The term of this Agreement shall be deemed to have begun retroactively on July 1,
2023, and shall terminate on the earlier of June 30, 2024, or the date of the expenditure
of the total payment provided for herein, or the termination date established pursuant to
Section V.D. or Section XI.
III.OBLIGATIONS OF CORPORATION
A.Organization of CORPORATION: CORPORATION shall:
1)Allow the CITY to access and review:
a)CORPORATION’s Articles of Incorporation,
b)CORPORATION’s current Bylaws,
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c) Documentation of CORPORATION’s Internal Revenue Service
non-profit status,
d) Names and addresses of current Board of Directors of
CORPORATION, and
e) An adopted copy of CORPORATION'S personnel policies and
procedures.
2) Report any changes in the CORPORATION'S Articles of Incorporation,
Bylaws, board of directors, personnel policies and procedures, or tax-
exempt status within ten (10) days to the CD DIRECTOR OR
DESIGNEE.
3) Maintain no member of its Board of Directors as a paid employee, agent
or subcontractor under this Agreement.
4) Keep minutes of all regular and special meetings.
5) Comply with all provisions of California Non-Profit Corporation Law.
B. Program Performance by CORPORATION: CORPORATION shall:
1) Conduct the PROGRAM within the City of Gilroy, or in such other
location as is approved by CITY in writing, for the purpose of benefiting
low and very low-income households within the CITY.
2) File progress reports with CITY describing the type and number of
services rendered through the operation of the PROGRAM as
described in Exhibit A, Section 1.06.
3) Coordinate its services with other existing organizations providing
similar services in order to foster community cooperation and to avoid
unnecessary duplication of services.
4) Seek out and apply for other sources of revenue in support of its
operation or services from local, state, federal and private sources and,
in the event of such award, inform CITY within ten (10) days.
5) Include an acknowledgment of CITY funding and support on
PROGRAM stationery and on all appropriate publicity and publications
using words to the effect: "Funded in whole or part by a Community
Development Block Grant from the City of Gilroy."
6) Use quarterly demographic data to determine where outreach efforts
are needed to include underrepresented groups.
7) On all outreach, include the California Relay number 711 and TTY
Number (800) 735-2929 English or (800) 855-3000 (Spanish).
C. Fiscal Responsibilities of CORPORATION: CORPORATION shall:
1) Appoint and submit the name of a fiscal agent who shall be responsible
for the financial and accounting activities of CORPORATION, including
the receipt and disbursement of CORPORATION funds. The CITY shall
immediately be notified in writing of the appointment of a new fiscal
agent and that agent's name and contact information.
2) Establish and maintain an accounting system that shall be in
conformance with generally accepted principles of accounting. The
accounting system shall be subject to review and approval of CITY.
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3) Document all PROGRAM costs by maintaining records in accordance
with Section III (D)(1), below.
4) Certify insurability subject to CITY approval as outlined in Exhibit G,
INDEMNIFICATION AND INSURANCE REQUIREMENTS.
5) Submit a direct cost plan or, if applicable, a HUD approved indirect cost
plan to CITY for approval as described in Exhibit C.
6) 1) through 5) are express conditions precedent to any CITY CDBG
funding and failure to comply with these conditions will, at discretion of
CITY, result in suspension of funding or termination of this Agreement.
7) CORPORATION is liable for repayment of all disallowed costs.
Disallowed costs may be identified through audits, monitoring or other
sources. CORPORATION shall be required to respond to any adverse
findings, which may lead to disallowed costs. The CITY'S CD
DIRECTOR OR DESIGNEE shall make the final determination of
disallowed costs, subject to provisions of the Executive Office of the
President Office of Management and Budget 2 CFR Part 200.
D. Records, Reports, and Audits of CORPORATION:
1) Establishment and Maintenance of Records: CORPORATION shall
maintain complete and accurate records of all its transactions including,
but not limited to, contracts, invoices, time cards, cash receipts,
vouchers, cancelled checks, bank statements, client statistical records,
personnel, property and all other pertinent records sufficient to reflect
properly (a) all direct and indirect costs of whatever nature claimed to
have been incurred or anticipated to be incurred to perform this
Agreement or to operate the PROGRAM, and (b) all other matters
covered by this Agreement.
2) Preservation of Records: CORPORATION shall preserve and make
available its records to CITY until the expiration of four (4) years from
either the date of submission of the Consolidated Annual Performance
and Evaluation (CAPER) in which the specific activity is reported for the
last time unless there are actions involving the records, or for such
longer period as is required by applicable law.
3) Examination of Records & Facilities: At any time during normal
business hours, and as often as HUD and/or CITY in its sole discretion
deems necessary, CORPORATION agrees that HUD and/or CITY
and/or any duly authorized representatives of HUD and/or CITY may,
until expiration of the period of time described in Section III(D)(2) of this
Agreement, have access to and the right to examine CORPORATION’s
plans, offices and facilities used in the performance of this Agreement
or the operation of the PROGRAM, and all its records with respect to
the PROGRAM and all matters covered by this Agreement.
CORPORATION also agrees that HUD and/or CITY or any duly
authorized representative thereof shall have the right to audit, examine
and make excerpts or transcripts of and from, such records, and to
make audits of all contracts and subcontracts, invoices, payrolls,
records of personnel, conditions of employment, materials and all other
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data relating to the PROGRAM and matters covered by this Agreement.
CORPORATION will be notified in advance that an audit will be
conducted. CORPORATION will be required to respond to any audit
findings, and have the responses included in the final audit report. The
cost of any such audit will be borne by HUD and/or CITY.
E. Assignment and Independent Contractor Requirements:
1) This Agreement may not be assumed nor assigned to another
corporation, person, partnership or any other entity without the prior
written approval of CITY, which CITY in its sole discretion may deny.
2) None of the work or services to be performed hereunder shall be
assigned, delegated or subcontracted to third parties without the prior
written approval of CITY, which CITY in its sole discretion may deny.
Copies of all third-party contracts shall be submitted to CITY at least
thirty (30) days prior to the proposed effective date. In the event CITY
approves any such assignment, delegation or subcontract, the
subcontractors, assignees or delegates shall be deemed to be
employees of CORPORATION, and CORPORATION shall be
responsible for their performance and any liabilities attaching to their
actions or omissions.
F. Acknowledgement of Risk:
1) CORPORATION acknowledges and understands that no
reimbursements will be issued until HUD and the CITY enter into a
CDBG agreement.
2) Should HUD reduce the CITY’s formula allocation, CORPORATION’s
grant award would be reduced proportionally.
G. Compliance with Law
CORPORATION shall become familiar and comply with and cause all its
subcontractors and employees, if any, to become familiar and comply with all
applicable federal, state and local laws, ordinances, codes, executive orders,
regulations and decrees (together “LAWS”), including but not limited to the
LAWS identified in Exhibit E, GENERAL BLOCK GRANT CONDITIONS.
CORPORATION shall comply with the requirements and standards of drug-
free workplace in Subpart B of part 2429, which adopts the government -wide
implementation (2 CFR Part 182) of sections 5152-5158 of the Drug-Free
Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 701-
707), 2 CFR Part 200 Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
Subrecipients that expend $750,000 or more in total Federal financial
assistance in a fiscal year, in aggregate, from all funding sources are
responsible for obtaining an independent audit in accordance with the Single
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Audit Act of 1984 and 2 CFR 200, Subpart F, 200.501 and the following laws,
ordinances, codes, regulations and decrees as required pursuant to 2 CFR
Part 200, Subpart F, Appendix II (Contract Provisions for Non -Federal Entity
Contracts Under Federal Awards):
1) Contracts for more than the simplified acquisition threshold currently set
at $250,000, which is the inflation adjusted amount determined by the
Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must
address administrative, contractual, or legal remedies in instances
where contractors violate or breach contract terms, and provide for such
sanctions and penalties as appropriate.
2) All contracts in excess of $10,000 must address termination for cause
and for convenience by the non-Federal entity including the manner by
which it will be effected and the basis for settlement.
3) Equal Employment Opportunity. Except as otherwise provided under 41
CFR Part 60, all contracts that meet the definition of “federally assisted
construction contract” in 41 CFR Part 60-1.3 must include the equal
opportunity clause provided under 41 CFR 60-1.4(b), in accordance
with Executive Order 11246, “Equal Employment Opportunity” ( 30 FR
12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 11375, “Amending Executive Order 11246 Relating to
Equal Employment Opportunity,” and implementing regulations at 41
CFR part 60, “Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor.
4) Davis-Bacon Act, as amended ( 40 U.S.C. 3141- 3148). When required
by Federal program legislation, all prime construction contracts in
excess of $2,000 awarded by non-Federal entities must include a
provision for compliance with the Davis-Bacon Act ( 40 U.S.C. 3141-
3144) as supplemented by Department of Labor regulations ( 29 CFR
Part 5, “Labor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted Construction”). In accordance with the
statute, contractors must be required to pay wages to laborers and
mechanics at a rate not less than the prevailing wages specified in a
wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week.
The non-Federal entity must place a copy of the current prevailing wage
determination issued by the Department of Labor in each solicitation.
The decision to award a contract or subcontract must be conditioned
upon the acceptance of the wage determination. The non-Federal entity
must report all suspected or reported violations to the Federal awarding
agency. The contracts must also include a provision for compliance with
the Copeland “Anti-Kickback” Act ( 40 U.S.C. 3145), as supplemented
by Department of Labor regulations ( 29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or
in Part by Loans or Grants from the United States”). The Act provides
that each contractor or subrecipient must be prohibited from inducing,
by any means, any person employed in the construction, completion, or
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repair of public work, to give up any part of the compensation to which
he or she is otherwise entitled. The non -Federal entity must report all
suspected or reported violations to the Federal awarding agency.
5) Contract Work Hours and Safety Standards Act ( 40 U.S.C. 3701-
3708). Where applicable, all contracts awarded by the non-Federal
entity in excess of $100,000 that involve the employment of mechanics
or laborers must include a provision for compliance with 40 U.S.C. 3702
and 3704, as supplemented by Department of Labor regulations ( 29
CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be
required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the
standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic
rate of pay for all hours worked in excess of 40 hours in the work week.
The requirements of 40 U.S.C. 3704 are applicable to construction work
and provide that no laborer or mechanic must be required to work in
surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the
open market, or contracts for transportation or transmission of
intelligence.
6) Rights to Inventions Made Under a Contract or Agreement. If the
Federal award meets the definition of “funding agreement” under 37
CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding
the substitution of parties, assignment or performance of experimental,
developmental, or research work under that “funding agreement,” the
recipient or subrecipient must comply with the requirements of 37 CFR
Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements,” and any implementing regulations issued by
the awarding agency.
7) Clean Air Act ( 42 U.S.C. 7401- 7671q.) and the Federal Water Pollution
Control Act ( 33 U.S.C. 1251- 1387), as amended - Contracts and
subgrants of amounts in excess of $150,000 must contain a provision
that requires the non-Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the
Clean Air Act ( 42 U.S.C. 7401- 7671q) and the Federal Water Pollution
Control Act as amended ( 33 U.S.C. 1251- 1387). Violations must be
reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
8) Debarment and Suspension (Executive Orders 12549 and 12689) - A
contract award (see 2 CFR 180.220) must not be made to parties listed
on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 ( 3 CFR part 1986 Comp.,
p. 189) and 12689 ( 3 CFR part 1989 Comp., p. 235), “Debarment and
Suspension.” SAM Exclusions contains the names of parties debarred,
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suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than
Executive Order 12549.
9) Byrd Anti-Lobbying Amendment ( 31 U.S.C. 1352) - Contractors that
apply or bid for an award exceeding $100,000 must f ile the required
certification. Each tier certifies to the tier above that it will not and has
not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an
employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352.
Each tier must also disclose any lobbying with non -Federal funds that
takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
10) See § 200.323 Procurement of recovered materials
11) See § 200.216 Prohibition on certain telecommunications and video
surveillance services or equipment
12) See § 200.322 Domestic preferences for procurements
H. Purchasing Real or Personal Property:
1) Title to Property: Title to any personal property used in connection with
the Project shall vest as follows:
a) Personal property donated or purchased with other than CITY
Community Development Block Grant funds shall become the
property of CORPORATION or person specified by the donor or
funding source; otherwise the same shall become the property
of CITY except for property and equipment as described in b).
b) Personal property and equipment permanently affixed to
buildings owned by CORPORATION shall become the property
of CORPORATION.
2) Non-Expendable Property: Non-expendable property purchased by
CORPORATION with funds provided by CITY, with a purchase price in
excess of Three Hundred Dollars ($300), must be approved in advance
in writing by CITY.
3) Purchase of Real Property. None of the funds provided under this
Agreement shall be used for the purchase of real property, or for an
option to purchase real property, unless CITY approves such purchase
or option to purchase by resolution prior to the time when
CORPORATION enters into a contract or option for such purchase.
Approval of any such contract or option shall be processed through the
PROJECT MANAGER.
4) Security Document. As a condition precedent to CITY releasing funds
for the purchase of real property or an option to purchase real property,
CORPORATION shall prepare and execute a promissory note, deed of
trust or other agreement restricting the use of said real property for
purposes consistent with this Agreement and HUD and CDBG
requirements.
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I. PROGRAM Income.
Income generated by the PROGRAM shall be retained by CORPORATION.
Such income shall be used to reduce the quarterly request for funds under this
Agreement, for the same purposes and activities described in Exhibit A,
Program Description. All provisions of this Agreement shall apply to the use
of PROGRAM income for such activities.
IV. OBLIGATIONS OF CITY
A. Method of Payment:
During the term of this Agreement, CITY shall reimburse CORPORATION for
all allowable costs and expenses incurred in connection with the PROGRAM,
not to exceed the total sum of Nine Thousand Seven Hundred Four and
19/100 Dollars ($ 9,704.19), except that CITY may, at any time in its absolute
discretion, elect to suspend, disencumber or terminate payment to
CORPORATION, in whole or in part, under this Agreement or not to make any
particular payment under this Agreement based on CORPORATION'S non-
compliance with the terms of this Agreement, including, but not limited to,
incomplete documentation of expenses, failure to submit adequate progress
reports as required herein or other incidents of non -compliance as described
in Section V or any other section of this Agreement, or based on the refusal by
CORPORATION to accept any additional conditions that may be imposed by
HUD at any time, or based on the suspension or termination of the grant to
CITY made pursuant to the Housing and Community Development Act of
1974, as amended.
V. CONTRACT COMPLIANCE
A. Monitoring and Evaluation of Services:
Evaluation and monitoring of the PROGRAM performance shall be the mutual
responsibility of both CITY and CORPORATION. CORPORATION shall
furnish all data, statements, records, information and reports necessary for CD
DIRECTOR OR DESIGNEE to monitor, review and evaluate the performance
of the PROGRAM and its components. The evaluation will be based on
various factors, including CORPORATION’s ability to implement and/or
achieve the goals, outcomes and objectives set forth in Exhibits A and B of
this Agreement. CITY shall have the right to contract with an outside agent to
assist in any such evaluation. Such outside services shall be paid for by CITY.
B. Contract Noncompliance:
Upon receipt by CITY of any information that evidences a failure by
CORPORATION to comply with any provision of this Agreement, CITY shall
have the right to require CORPORATION to take corrective action to attain
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compliance with such provision. CORPORATION shall be deemed in
noncompliance with the provisions of this Agreement under c ircumstances
including but are not limited to:
1) If CORPORATION (with or without knowledge) shall have made any
material misrepresentation of any nature with respect to any information
or data furnished to CITY in connection with the PROGRAM.
2) If there is pending litigation with respect to the performance by
CORPORATION of any of its duties or obligations under this
Agreement which may materially jeopardize or adversely affect the
undertaking of, or the carrying out of, the PROGRAM.
3) If CORPORATION shall have taken any action pertaining to the
PROGRAM, which requires CITY approval without having obtained
such approval.
4) If CORPORATION is in default under any provision of this Agreement.
5) If CORPORATION makes improper use of CDBG funds.
6) If CORPORATION submits to CITY any report that is incorrect or
incomplete in any material respect.
C. Corrective Action Procedure:
CITY in its sole and absolute discretion and in lieu of immediately terminating
this Agreement upon occurrence or discovery of noncompliance by
CORPORATION under this Agreement, shall have the right to give
CORPORATION notice of CITY’S, intention to terminate, or consider
corrective action to enforce compliance with, this Agreement. Notice to
consider corrective action shall indicate the nature of the non -compliance and
the procedure whereby CORPORATION shall have the opportunity to
participate in formulating any corrective action recommendation. CITY shall
have the right to require the presence of CORPORATION’S officer(s) and
EXECUTIVE DIRECTOR at any hearing or meeting called for the purpose of
considering corrective action.
Thereafter, CITY shall forward to CORPORATION specific corrective action
recommendations and a timetable for implementing these recommendations.
Such timetable shall allow CORPORATION not less than five (5) nor more
than sixty (60) days to comply. Following implementation of the correcti ve
actions, CORPORATION shall forward to CITY, within the time specified by
CITY, any documentary evidence required by CITY to verify that the corrective
actions have been taken. In the event that CORPORATION does not
implement the corrective action recommendations in accordance with the
corrective action timetable, CITY may suspend payments hereunder or
terminate this Agreement.
D. Termination for Cause.
Notwithstanding anything to the contrary contained in the foregoing, CITY may
terminate this Agreement by written notice to CORPORATION, if: (a) any of
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the events of noncompliance listed in Section V occur or are discovered; (b)
CORPORATION does not implement any recommended corrective action; (c)
CORPORATION is in bankruptcy or receivership; (d) a member of the
CORPORATION'S Board of Directors or the EXECUTIVE DIRECTOR is the
subject of investigation for wrongdoing; or (e) evidence satisfactory to CITY
indicates that CORPORATION is unable to operate the PROGRAM.
Termination under this section shall be effective on the date notice of
termination is delivered in accordance with Section I(C) of this Agreement or
such later date as is specified in the notice.
E.Conditions and Certifications Compliance
The CORPORATION shall comply with the performance of all funding
conditions in Exhibit E and make all certifications stated in Exhibit H of this
Agreement. Failure to remove conditions in a timely manner will constitute
contract noncompliance. CITY may terminate this Agreement for
noncompliance and disencumber funds by written notice to CORPORATION.
Termination under this section shall be effective on the date notice of
termination is delivered in accordance with Section I(C) of this Agreement or
such later date as is specified in the notice.
VI.DISCLOSURE OF CONFIDENTIAL CLIENT INFORMATION
Except as required by law, CITY and CORPORATION agree to maintain the
confidentiality of any information regarding applicants for services offered by the
PROGRAM pursuant to this Agreement and any information regarding their
immediate families which may be obtained through PROGRAM documents or any
other source. Without the written permission of the applicant, such information shall
be divulged only (1) as required by law; or (2) as necessary for purposes related to
the performance or evaluation of the services and work to be provided pursuant to
this Agreement, and then only to persons having responsibilities under this
Agreement, including those furnishing services under the PROGRAM through
approved subcontracts.
VII.AMENDMENTS
Amendments to the terms or conditions of this Agreement shall be requested in
writing by the party desiring such amendment, and any such amendment shall be
effective only upon the mutual agreement in writing of the parties hereto.
VIII.HOLD HARMLESS
In addition to the indemnity set forth on Exhibit G, CORPORATION shall indemnify,
defend and hold CITY, its officers, representatives, agents, and employees harmless
with respect to any damages arising from:
A.The failure of the PROGRAM to comply with applicable laws, ordinances,
codes, regulations and decrees; or
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B. Any and all suits, damages, costs, fees, claims, demands, causes of action,
losses, liabilities and expenses, including reasonable attorneys’ fees, to the
extent arising or resulting from any work or services provided und er the
PROGRAM or this Agreement.
IX. RIGHTS AND REMEDIES NOT WAIVED
In no event shall any payment by CITY constitute or be construed to be a waiver by
CITY of any breach of the covenants or conditions of this Agreement or any default
which may then exist on the part of CORPORATION, and the making of any such
payment while any such breach or default shall exist shall in no way impair or
prejudice any right or remedy available to CITY with respect to such breach or default.
In no event shall payment to CORPORATION by CITY in any way constitute a waiver
by CITY of its rights to recover from CORPORATION the amount of money paid to
CORPORATION on any item, which is not eligible for payment under the PROGRAM
or this Agreement.
X. INTEGRATED DOCUMENT
This Agreement, including Exhibits A, B, C, D, E, F, G, and H, which are attached
hereto and incorporated in their entirety by this reference, contains the entire
agreement between CITY and CORPORATION with respect to the subject matter
hereof. No written or oral agreements with any officer, agent or employee of CITY
prior to or concurrent with execution of this Agreement shall affect or modify any of
the terms or obligations contained in any documents comprising this Agreement.
XI. TERMINATION
A. In addition to CITY's right to terminate for cause set forth in Section V, either
CITY or CORPORATION may suspend or terminate this Agreement for any
reason by giving thirty (30) days prior written notice to the other party. Upon
delivery of such notice, performance of the services hereunder will be
discontinued upon expiration of said thirty (30) day period.
B. Upon termination, either under this Section XI or Section V, CORPORATION
shall:
1) be paid for all documented services actually rendered to CITY prior to
the date of such termination; provided, however, CITY shall be
obligated to compensate CORPORATION only for that portion of
CORPORATION’s services which are allowable costs and expenses
as determined by an audit or other monitoring device;
2) turn over to CITY immediately any and all copies of studies, reports and
other data, whether or not completed, prepared by CORPORATION or
its subcontractors, if any, in connection with this Agreement. Such
materials shall become property of CITY. CORPORATION, however,
shall not be liable for CITY's use of incomplete materials or for CITY's
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use of complete documents if used for other than the services
contemplated by this Agreement; and
3)transfer to the CITY any CDBG entitlement funds on hand and any
accounts receivable attributable the use of CDBG entitlement funds. All
assets acquired with CDBG entitlement funds shall be returned to the
CITY.
C.Upon termination of this Agreement, CORPORATION shall immediately
provide CITY access to all documents, records, payroll, minutes of meetings,
correspondence and all other data pertaining to the CDBG entitlement funds
granted to CORPORATION pursuant to this Agreement.
XII.MISCELLANEOUS
A.The captions of this Agreement are for convenience of reference only, and the
words contained therein shall in no way be held to explain, modify, amplify or
aid in the interpretation, construction or meaning of the provisions of this
Agreement.
B.All exhibits attached hereto and referred to in this Agreement are incorporated
herein by this reference as if set forth fully herein.
C.If any action at law or in equity, including an action for declaratory relief, is
brought to enforce or interpret the provisions of this Agreement, the prevailing
party will be entitled to reasonable attorneys’ fees, which may be set by the
court in the same action or in a separate action brought for that purpose, in
addition to any other relief to which that party may be entitled.
D.This Agreement will be governed by and c onstrued in accordance with the
laws of the State of California and venue shall be proper exclusively in Santa
Clara County.
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IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate the day
and year above written.
ATTEST: CITY OF GILROY
BY:
Thai Nam Pham
City Clerk
Sharon Goei
Community Development Director
Live Oak Adult Day Services
CORPORATION
BY:
Ann Peterson
Executive Director
APPROVED AS TO FORM:
Andrew L. Faber
City Attorney
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EXHIBIT A
CITY OF GILROY
SCOPE OF SERVICES
1.01 PROGRAM. CORPORATION shall implement the Adult Day Care Program
(hereinafter called (“PROGRAM”) in accordance with the provisions of the grant
agreement by and between the ITY and the United States Department of Housing and
Urban Development (“HUD”) and all rules and regulations pertaining now and
hereinafter adopted with respect to the Community Development Block Grant (“CDBG”)
Program. The primary purpose of the PROGRAM is to The primary purpose of the
PROGRAM is to provide a specialized program of adult day care for frail,
dependent low income seniors designed to maximize socialization and mental
stimulation for the elderly clients in order to enhance their overall quality of life
by removing them from social isolation and providing a variety of stimulating
activities to improve their psychological and physical well-being. The client’s
caregivers get much needed respite, enabling them to continue caring for their
loved ones at home for a longer period of time.
1.02 PROGRAM Area. The PROGRAM Area is the incorporated area of the
City of Gilroy or in such other location as is approved by CITY in writing, for the purpose
of benefitting low and very-low income households within the CITY.
1.03 Location of PROGRAM. Unless otherwise indicated, the Grant Services
specified below will be offered at the following location(s):
Program Name
Adult Day Care
Street Address(es)
651 W. Sixth St., Suite 2
Gilroy, CA 95020
1.04 Eligibility. Eligible clients under this Agreement shall be lower
income individuals of all ethnic groups residing in the City of Gilroy. Low income is defined
as household income at or below 80% of the median income for Gilroy as defined by the
most current HUD income limits for Santa Clara County. The clients served under this
project meet the HUD definition of low income because they meet the presumed
benefit qualifying criteria for disabled adults
CORPORATION shall document each PARTICIPANT’s eligibility on service specific
intake sheets, which shall include client’s name, residence, gender, family size, total
household income, race and ethnic data, disability data (as applicable), female head of
household, client/guardian signature, date, and certification that the intake information is
accurate.
This PROGRAM is an eligible activity under 24 CFR 570.201(e) because it is a public
service activity. This PROGRAM will meet the HUD National Objective of benefitting low-
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and moderate-income persons (LMI), under the limited clientele (LMC) category.
Qualifying Criteria:
The activity will exclusively serve a group of persons in any one or a combination of
categories generally presumed to be low, very low, or extremely low income: abused
children, battered spouses, elderly persons, adults meeting the definition of
“severely disabled” in the Bureau of Census’s Current Population Reports,
homeless persons, illiterate adults, persons living with AIDS, and migrant farm
workers.
1.05 Description of Services.
Activity #1
Activity Name: Recreation and Socialization
Activity Description: Provide recreation with mentally-stimulating activities for seniors
including music, singing, art, interactive word games and puzzles, adaptive physical
exercise and current event and reminiscing activities each weekday. Within a protected,
structured environment, provide opportunities for seniors t o interact with staff, volunteers,
students and each other.
Activity #2
Activity Name: Meals
Activity Description: Provide hot, nutritious meals (breakfast and lunch) and snacks to all
senior clients respecting special dietary, supplemental and nutritional needs.
Activity #3
Activity Name:
Activity Description:
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1.06 Reporting Requirements.
Quarterly Activity Reports. Detailed quarterly data is required on forms provided by the
CITY. Each quarter, on or before October 10, January 10, April 10, and July 7,
CORPORATION will report to the Housing and Community Services Division a summary
of the number of unduplicated participants and activity outputs. Every two quarters, on
or before January 10 and on or before July 7 CORPORATION will provide a full report on
Q1-Q2 and Q3-Q4 respectively.
Outcome Measure Reports. Every two quarters, on or before January 10 and on or
before July 7 CORPORATION will report on outcome/performance measures for Q1 -Q2
and Q3-Q4 respectively, in the activity report; CORPORATION shall also attach a
separate narrative, which at the minimum shall include:
1.How the activities being provided under this grant contribute to meeting the
performance measures stated in the contract?
2.A description of how the performance measurement methodology was implemented and
what information was collected to gauge the success of performance measures?
3.A description of the characteristics and size of the total population served.
4.A description of the outreach efforts your staff has employed or plans to employ to reach
out to all persons without regard to race, color, religion, national origin, sex, disability,
sexual orientation, gender identity, or familial status.
5.A description of any challenges encountered, during this reporting period, significantly
hindering your ability to meet one or more project goals, reimbursement request
deadlines and/or activity report deadlines, and any steps you have taken to resolve the
issues.
6.Describe specific, tangible evidence of successes resulting from beneficiaries’
participation in this project.
Reporting Schedule. The Q1 summary activity report is due on or before October 10.
The full activity report for Q1 and Q2 is due on or before January 10. The Q3 summary
activity report is due April 10. The full activity report for Q3 and Q4 is due to the HCS
Division on or before July 7.
1.07 Cost Reimbursement. PROGRAM will be reimbursed on a quarterly basis,
for approved invoices submitted pursuant to this Agreement. Requests for
reimbursement will be made on a form and in manner prescribed by the CITY under
provisions as set forth in EXHIBIT D, entitled “PAYMENTS TO CORPORATION”.
1.08 Additional Provisions (If applicable).
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EXHIBIT B
CITY OF GILROY
PERFORMANCE MEASURES/NUMERIC GOALS FOR 2023-2024
1.01 Unduplicated Participants.
Proposed total number of unduplicated participants to be served by this
PROGRAM only. For purposes of this Agreement, UNDUPLICATED PARTICIPANTS
shall be defined as participants who receive services at least once a year but who may
not be counted more than once in that year. CORPORATION shall retain records
documenting eligibility. Such records shall include family size, total household income,
female head of household, race, ethnic, disability data, and date eligibility was
determined.
Unduplicated
Participants
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
8 4 4 4 20
1.02 Activities and Outputs (numeric product of activities)
Throughout the term of this Agreement, CORPORATION shall provide the following
services below to participants during the following days and times:
Agency hours: Monday – Friday, 10:00 a.m. – 5 p.m.
Program hours: Monday - Friday, 10:00 a.m. – 5 p.m.
Thursday 5:00 p.m. – 6:30 p.m.
Briefly describe activity (e.g. meals, emergency shelter, etc.) and unit of service (e.g.
number of meals served, number of shelter nights. Indicate the proposed quarterly
output goal (e.g. # of meals, #of persons served, etc.).
Activity 1: Recreation and Socialization
Unit of Service= Each Day of Service
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
Output
Goal
62 55 62 63 242
Activity 2: Meals
Unit of Service= Each Meal
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
Output
Goal
700 550 550 600 2400
Activity 3:
Unit of Service=
Quarter 1 Quarter 2 Quarter 3 Quarter 4 Total
Output
Goal
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1.03 Outcome Measure Statement and Measurement Methodology.
Outcome Measure Statement.
An outcome measure statement is an overarching measurable goal CORPORATION
sets for a program. It describes the higher-level measurable impact or benefit
experienced by a client as a result of participating in CORPORATION’s activity(ies).
Each outcome statement must end with “as measured by ____.” CORPORATION will
fill in the blank, in order to explain how it intends to measure each outcome.
Examples:
Outcome Measure #1: 35% of clients will find affordable housing as measured by
corporation tracking the number of housing placements.
Outcome Measure #2: 50% of clients will advance to the next swim level as measured
by the American Red Cross guidelines.
Outcome Measure #3: 40% of clients will learn job readiness skills and knowledge that
will better prepare them for competing in the job market as measured by pre and post
surveys.
Measurement Methodology.
To assess the effectiveness of the program, a comprehensive outc ome measurement
process must be implemented to assess whether output and outcome measures were
met.
Examples:
Measurement Methodology #1: Corporation shall maintain sign in sheets and intake
forms to collect output data on total clients served. The number of clients who were
placed in affordable housing units will be divided by the total number of clients served by
the program to get the actual percentage housed.
Measurement Methodology #2: Corporation shall maintain daily attendance rosters
and intake forms to collect output data on total clients served. Using the American Red
Cross guidelines, clients’ swim level will be assessed on the first day to determine
baseline. Clients will receive the appropriate swim lessons and, at the a ppropriate time,
will be reassessed to determine if the client will advance to the next swim level. The
total number of clients advancing to the next level will be divided by the total number of
clients served to get the percentage advancing to the next level.
Measurement Methodology #3: Corporation shall maintain intake forms to collect
output data on total clients served. A pre survey will be given to each client to assess
knowledge and skills at intake. A post survey will be administered to each client at the
appropriate time to assess if client feels better prepared to compete in the job market as
a result of the knowledge and skills gained. The total number of clients who reported
feeling better prepared to compete for a job will be divided by the total number of clients
served to get the actual percentage increase.
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CORPORATION must list the outcome measure(s) proposed. For each outcome
measure listed, CORPORATION must provide the measurement methodology (data
collection and evaluation methods) to be implemented. The Quarter 2 and Quarter 4
outcome goals must be listed as a percentage (%) and each represents two quarters.
Outcome
Measure #1:
80% of beneficiaries will sustain and/or improve their degree of
overall healthy functioning as measured by a health functioning
assessment tool.
Measurement
Methodology:
Upon enrollment clients are assessed on their overall
functionality, and for social, emotional, physical and cognitive
ability. At the beginning of the FY the program Director will
assess (yes or no) that they display these functions. At the end
of each month the director will rate the client as to whether or
not they have sustained, increased or declined on their
functional abilities. This information will be tallied and sent to the
Director of Operations in the monthly reports and at the end of
each quarter the number of those who have maintained or
increased their functionality will be divided by the total to
determine the percentage of success. This information will be
reported at mid-year and end of year to the grantor.
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Outcome Goal: N/A 80% N/A 80%
Outcome
Measure #2:
80% of beneficiaries will avoid institutionalization as measured
by attendance in the program.
Measurement
Methodology:
Attendance as well as discharges (with disposition codes) is
tracked on a master client worksheet monthly. The number of
clients institutionalized will be divided by the number of enrolled
clients, and those discharged for other purposes, to determine
the percentage of those who avoided institutionalization.
Quarter 1 Quarter 2 Quarter 3 Quarter 4
Outcome Goal: N/A 80% N/A 80%
1.04 CORPORATION must describe outreach efforts employed, and to be
employed, to reach out to all persons without regard to race, color, religion, national
origin, sex, disability, sexual orientation, gender identity, or familial status.
Documentation of these efforts must be submitted along with the second and fourth
quarterly performance reports.
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EXHIBIT C
CITY OF GILROY
BUDGET
Agency Name: Live Oak Adult Day Services
Program Name: Adult Day Care
PROGRAM BUDGET SUMMARY (July 1 – June 30) Provide City of Gilroy grant income and expense information for services
to Gilroy residents only, provided solely through this grant.
Total
Annual
Jul. -
Sept.
Oct. -
Dec.
Jan. -
Mar.
Apr. - June
INCOME - Gilroy Grant $9,704.19 $2,426.05 $2,426.05 $2,426.05 $2,426.04
Expenditures – Gilroy Grant
Total Annual
Jul. - Sept.
Oct. - Dec. Jan. - Mar.
Apr. - June
Salaries $9,704.19 $2,426.05 $2,426.05 $2,426.05 $2,426.04
Benefits $ $ $ $ $
Supplies $ $ $ $ $
Communications
Printing and Advertising
Travel
Occupancy
Utilities
Insurance
Equipment Rental
Audit/Legal/Professional Services (for
CDBG portion only )
Direct Services (Specify if funding is for
specific service such as meal, ride)
Contractual Services, specify
Other, specify (i.e. participant incentives,
fingerprinting costs, etc.)
Total Gilroy Grant Expenditures $9,704.19 $2,426.05 $2,426.05 $2,426.05 $2,426.04
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Attachment to Exhibit C
Direct Cost Plan
Agency Name: Live Oak Adult Day Services
Program Name: Adult Day Care
Direct costs are those that can be identified specifically with a funding source.
Only allowable costs in accordance with 2 CFR Part 200 are billable to the Gilroy grant.
For each line item cost listed on Exhibit B, describe the methods and procedures used by your
agency to bill this grant’s costs to the City of Gilroy.
Provide Cost Center/Grant Code used to track grant revenue and expenditures: Revenue Code
is CDBG-RYSE UP Revenue, Expenditure Code is CDBG-RYSE UP Expenditures
2023-2024 grant
budget line item
Describe methodology used to arrive at cost billed Comments
Salaries
The proposed amount budgeted for reimbursement per
quarter is approximately 25% of the grant.
The actual amount billed to this grant may vary each
quarter because it is based on actual Gilroy grant hours
worked, not to exceed $9,704.19 for the fiscal year.
Staff salary billable is calculated based on actual
quarterly payroll documents (e.g. payroll checks, time
sheets), with copies provided to the city along with the
request for reimbursement.
Grant will be reimbursed for direct client services.
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EXHIBIT D
CITY OF GILROY
PAYMENTS TO CORPORATION
1.01 Payments to CORPORATION. CITY agrees to pay CORPORATION for the
performance of the services, work, and duties, subject to and performed in connection
with this Agreement, a sum of money not to exceed the amount set forth in this
Agreement. Such sum shall be paid by CITY to CORPORATION on a reimbursement
basis for services performed by CORPORATION and for eligible costs actually incurred
by and paid by CORPORATION, pursuant to this Agreement, for the cost categories
appearing in this section. No sum shall be paid until CITY receives a statement or
statements in a form approved by CITY and specifying in detail the services performed
by, and the costs incurred by and paid by CORPORATION during the period for which
payment is requested.
Payment to CORPORATION will be made within thirty (30) calendar days of
receipt by CITY of all such required statements and supporting documents, including but
not limited to, paid invoices, provided that the items on such statements and supporting
data for which payment is requested can properly be paid under this Agreement, HUD
regulations 2 CFR Part 200 applicable to the program, and the CITY -HUD Grant
Agreement, as the same may from time to time be amended. In making such
determination, CITY may rely upon the certification by CORPORATION that the i tems
appearing on said statement and supporting data are eligible items for payment under
this program and Agreement, and such determination by CITY shall in no way constitute
a waiver by CITY of its right to recover from CORPORATION the amount of any money
paid to CORPORATION on any item which is not eligible for payment under the program
and this Agreement.
The total amount of such payments to be made to CORPORATION shall be
distributed quarterly during the course of the PROGRAM. Any amendments to a line item
in the approved budget must receive prior approval from the CITY. Requests for funds
must identify the corresponding budget line item and include a certification that the
CORPORATION’s financial management system complies with the standards in 2 CFR
Part 200.
Personnel: Total eligible payments made to CORPORATION’s employees for time
worked for all positions listed in EXHIBIT A, entitled “Scope of Services”. The personnel
expenses section of the Quarterly Grant Reimbursement Request should include only
fringe benefits and salary actually paid to employees during the month being reported.
Salary accrued or earned but not paid out during the month should not be listed. The
exception to this is the final pay period of June; because salary earn ed during this last
pay period will likely be paid out in July (of the following program year), this accrued salary
may be included on the 4th quarter Quarterly Grant Reimbursement Request.
Supplies: Eligible costs for consumable commodities which have a useful life of one (1)
year or less, or which cost less than Five Thousand Dollars ($5,000) and which render
services essential to the operation of the PROGRAM.
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Communications: Eligible costs for telephone, telegraph, postage, and other
communication costs that are essential to the operation of the PROGRAM.
Printing and Advertising: Eligible costs for printing and duplicating services, newspaper
print by contract; and newspaper advertising which is essential to the operation of the
PROGRAM.
Utilities: Eligible costs incurred for water, gas, electric, garbage and trash collection, and
similar expenses.
Occupancy: Eligible costs for building space used in connection with the PROGRAM,
including rent, maintenance and janitorial services when included in the lease, not
including fixtures, furniture, equipment, or utilities. Compensation for use of buildings may
be made through use allowances or depreciation as permitted by 2 CFR Part 200.
Equipment Rental: Eligible costs for rental of equipment define d as tangible property
other than land and buildings or building improvements.
Travel (Local): Allowable reimbursement to employees for actual automobile mileage,
transportation, and all necessary and ordinary travel expenses while on official
PROGRAM business within Santa Clara County.
Travel (Other): Allowable reimbursement to employees for actual automobile mileage,
transportation, and all necessary and ordinary travel expenses while on official
PROGRAM business outside of Santa Clara County. All out-of-state travel must be
approved by CITY prior to any expenditure for such travel.
Contractual Services: Eligible payments for contractual expert services of a
professional, scientific, or technical nature, as well as eligible payments made to
CORPORATION for performing construction work or any other services which the
PROGRAM does not have the capability of performing itself. Contracts or subcontracts
are to be developed in conformance with the Procurement Standards in 2 CFR Part 200,
and 24 CFR Part 570.502.
Fringe Benefits: Eligible payroll-related costs of health insurance, retirement fund
contributions, FICA, and other payments made on behalf of the employee.
Insurance: Eligible costs of insurance and other related services.
Equipment: Eligible payments for the purchase of equipment which is defin ed as tangible
property having a useful life of more than one (1) year, the unit cost of which is Five
Thousand Dollars ($5,000) or more. All equipment purchases require prior CITY approval
and maintenance of an equipment inventory, a copy of which must be submitted to CITY
upon purchase of equipment.
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Audit: Eligible payments to an independent Auditor to perform an audit in accordance
with 2 CFR Part 200, if required.
"Eligible," as used in this Agreement, means those costs, payments, and disbursements
for activities for which housing and community service grant moneys may be used
pursuant to 24 CFR Part 570, Section 570.201 of the Federal Rules and Regulations for
the Implementation of Title I of the Housing and Community Development Acts of 1974
and 1977, as amended, (24 CFR 570) and all other applicable rules and regulations.
1.02 Reallocating of PROGRAM Funds. On a quarterly basis, CITY shall review the
expenditures if any, for services performed and costs incurred by CORPORATION
provided in this Exhibit. If such review reveals that the quarterly expenditures in any such
quarter for the PROGRAM as a whole or any cost category thereof, is below the total
amount allocated under this Agreement for the total PROGRAM or cost category thereof
for such quarter, CITY may reallocate the amount of such under spending. In the case of
under spending in a cost category, CITY may reallocate unspent amount into another
cost category of the PROGRAM. In the case of under spending in the PROGRAM as a
whole, CITY may reallocate unspent amount to another community development
PROGRAM. CITY shall, before reallocating, give CORPORATION ten (10) days' written
notice of its intention to reallocate funds. Such notice shall include a copy of CITY's
quarterly expenditure review for the PROGRAM and statement of its reasons for such
reallocation. CITY shall make its final determination with respect to reallocation only after
CORPORATION has been given an opportunity to present its views and
recommendations with respect to such contemplated reallocation. In no event, however,
shall CITY be bound to accept CORPORATION's views or recommendations with respect
to such contemplated recycling. If the expenditures by CORPORATION in any month, for
the PROGRAM or any cost category thereof, exceed the total amount allocated to the
PROGRAM or any cost category thereof, CITY may terminate non-salary expenditures
for the PROGRAM for such period of time as is necessary to bring expenditures into
conformance with this Agreement.
The CD DIRECTOR OR DESIGNEE may at the request of CORPORATION approve
reallocation of funds from any cost category or categories to any other cost category or
categories at any time provided that: (1) there is no increase in the total amount specified
in this Agreement, and (2) the goals and objectives set forth in EXHIBIT B are not
negatively affected. Approval by the CD DIRECTOR OR DESIGNEE of such reallocation
of funds must be in writing. Any unexpended funds at the end of the term of the Agreement
shall be retained by the CITY. Expenses incurred prior to July 1, 2023 are not eligible for
reimbursement under this Agreement.
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EXHIBIT E
CITY OF GILROY
GENERAL BLOCK GRANT CONDITIONS
SECTION 1. GENERAL GRANT CONDITIONS.
1.01 Definitions. As used herein, “HUD” means United States Department of
Housing and Urban Development. “PROGRAM Area” for the purposes of this
EXHIBIT E means the City of Gilroy.
1.02 Compliance with Applicable Federal Regulations. CORPORATION
shall comply with the provisions of 24 CFR 570, Subpart J and K, describing other
program requirements, and the provisions of 2 CFR Part 200, relating to the
uniform administrative requirements in the acceptance and use of Federal funds.
1.03 Applicable Federal Civil Rights Laws and Executive Orders . In
providing the services and work set forth in this Agreement, CORPORATION will
carry out its work in a manner that will permit full compliance b y CITY and strict
adherence by CORPORATION with the following:
a. Title VI of the Civil Rights Act of 1964, which provides that no person shall,
on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination
under any program or activity receiving federal financial assistance; and
b. The Housing and Community Development Acts of 1974 and 1977, as
amended, which provide that no person in the United States shall be
excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with
funds made available pursuant to said acts; and
c. Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act) which
prohibits discrimination in the sale, rental, and financing of housing and the
provision of brokerage services because of race, color, religion, sex, sexual
orientation, actual or perceived gender identity, national origin, handicap, or
familial status; and
d. Executive Order 11063, as amended by Executive Order 12259, which
provides for equal opportunity in housing and related facilities provided by
federal financial assistance. This order and its implementing regulations
require the Department of Housing and Urban Development to take all
actions necessary to prevent discrimination because of race, color, religion,
sex, or national origin in the use, occupancy, sale, leasing, rental or other
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disposition of residential property assisted with Federal loans, advances,
grants or contributions; and
e. Executive Order 11246, (as amended by Executive Orders 11375 and
12086 and further amendments) Equal Opportunity Under HUD Contracts
and HUD-assisted Construction Contracts, which requires that
CORPORATION’s and subrecipients, and their subcontractor, agree not to
discriminate against any employee or applicant for employment because of
race, color, creed, religion, sex, sexual orientation, actual or perceived
gender identity, or national origin; and
f. Section 3 of the Housing and Community Development Act of 1968
Pertaining to Employment Opportunities for Lower-Income Persons (12
U.S.C. 1701u), requires that, to the greatest extent feasible on PROGRAMs
financed by HUD, a subrecipient must:
1. provide 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 PROGRAM, are given to persons with
household income that is at or below 80% of the median income
for Gilroy as defined by the Secretary of HUD residing within the
Gilroy metropolitan area. Where feasible, priority should be given
to residents within the service area of the PROGRAM or the
neighborhood in which the PROGRAM is located who have
household income that is at or below 80% of the median income
for Gilroy as defined by the Secretary of HUD, and to participants
of other HUD programs who have household income that is at or
below 80% of the median income for the Gilroy area; and
2. award contracts for work undertaken in connection with housing
rehabilitation (including reduction and abatement of lead-based
paint hazards), housing construction, or other public construction
PROGRAM to business concerns that provide economic
opportunities for persons residing within the metropolitan area in
which the CDBG-funded PROGRAM is located and have
household income that is at or below 80% of the median income
for Gilroy as defined by the Secretary of HUD. Where feasible,
priority should be given to business concerns that provide
economic opportunities to residents within the service area or the
neighborhood in which the PROGRAM is located who have
household income that is at or below 80% of the median in come
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for Gilroy as defined by the Secretary of HUD, and to participants
in other HUD programs who have household income that is at or
below 80% of the median income for that area; and
3. self-certify whether they are a Section 3 business, employ
Section 3 residents, or subcontracts with businesses that provide
opportunities to low-income persons when an award of $200,000
or more of HUD funding is provided for housing rehabilitation,
housing construction, or other public construction PROGRAMs,
and/or $100,000 or more to subcontractors; and
4. at a minimum, provide documentation on federal compliance,
reporting and outreach efforts; and
g. Section 504 of the Rehabilitation Act of 1973 (Pub. L. 93-112), as amended,
and implementing regulations when published which specify that no
otherwise qualified individual shall, solely by reason of his or her handicap,
be excluded from participation (including employment), denied program
benefits, or subjected to discrimination under any program or activity
receiving federal assistance; and
h. The Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and
implementing regulations when published for effect which provides that no
person shall be excluded from participation, denied program benefits, or
subjected to discrimination on the basis of age under any program or activity
receiving federal assistance; and
i. The requirements relating to Minority-Owned and Women-Owned Business
Enterprises set forth in Executive Order No. 11625 of October 13, 1971, 36
Fed. Reg. 19967, as amended by Executive Order No. 12007 of August 22,
1977, 42 Fed. Reg. 42839; and Executive Order No. 12432 of July 14, 1983,
48 Fed. Reg., 32551; and Executive Order No. 12138 of May 18, 1979, 44
Fed. Reg. 29637, a subrecipient must exercise affirmative outreach efforts
when soliciting bids for service or construction when the Federal funds
received by the subrecipient or subcontractor exceeds $10,000 and when
the subrecipient or subcontractor is a for-profit organization/ business; and
j. The Uniform Federal Accessibility Standards set forth in 24 CFR, Part 40,
Appendix A; and
k. Americans with Disabilities Act of 1990 (ADA), which prohibits
discrimination on the basis of disability in employment and in public
accommodations and commercial facilities and defines the range of
conditions that qualify as disabilities, and the reasonable accommodations
that must be made to assure equality of opportunity, full participation,
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independent living, and economic self-sufficiency for persons with
disabilities. It further provides that discrimination includes a failure to design
and construct facilities for first occupancy no later than January 26, 1993,
that are readily accessible to and usable by individuals with disabilities.
Further the ADA requires the removal of architectural barriers and
communication barriers that are structural in nature in existing facilities
where such removal is readily achievable – that is easily accomplishable
and able to be carried out without much difficulty or expense; and
l. The provisions of 24 CFR Part 24, relating to the employment, engagement
of services, awarding of contracts, or funding of any CORPORATION or sub
during any period of debarment, suspension, or placement in ineligibility
status; and
m. Section 104(b) of Title I of the Housing and Community Development Act of
1974, as amended (42 U.S.C. 5301 et. seq.) This law provides that any
grant under section 106 shall be made only if the CORPORATION certifies
to the satisfaction of the Secretary of HUD that the CORPORATION will,
among other things, affirmatively further fair housing; and
n. Section 109 of Title I of the Housing and Community Development Act of
1974, as amended (42 U.S.C. 5301 et. seq., particularly 42 U.S.C. 6101
ets. seq., and 29 U.S.C. 794) and further amendments, which mandates
that no person on the grounds of race, color, national origin, sex, sexual
orientation, actual or perceived gender identity, age or religion shall be
excluded from participation, denied the benefits of, or otherwise be subject
to discrimination under any activity funded in whole or part with CDBG
funds; and
o. Architectural Barriers Act of 1968 requires that federally funded buildings
and other facilities, as defined in 24 CFR 40.2 and 40 CFR 101 -19.602(2),
to be designed, constructed, or altered in accordance with standards that
ensure accessibility to, and use by, physically handicapped people.
1.04 Relocation and Real Property Acquisition. CORPORATION shall
comply with (a) the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970, as amended (URA) and 24 CFR 570.606(b); and (b) the
requirements of 24 CFR 570.606(c) governing the Residential Antidisplacement
and Relocation Assistance Plan (Plan) under section 104(d) of the HCD Act.
Under the URA and the Plan, the subrecipient must provide relocation assistance
to persons (families, individuals, businesses, non -profit organizations, and farms)
that are displaced as a direct result of acquisition, rehabilitation, demolition or
conversion for a CDBG-assisted PROGRAM. All property occupants must be
issued certain notices on a timely basis. The Plan also required the one -for-one
replacement of any occupied or vacant occupiable low/moderate-income housing
that is demolished or converted to another use in connection with a CDBG-assisted
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PROGRAM. Finally, the Plan requires the identification of the steps that will be
taken to minimize displacement.
1.05 Political Reform Act. CORPORATION shall comply with the applicable
provisions of the Political Reform Act of l974, as amended, relating to conflicts of
interest (codified at California Government Code Section 87000, et seq.)
CORPORATION will promptly advise CITY of the facts and circumstances
concerning any disclosure made to it or any information obtained by it relating to
conflicts of interest.
1.06 Flood Disaster Protection. Notwithstanding any other provision of this
Agreement, CORPORATION shall comply with the Flood Disaster Protection Act
of 1973, as amended (P.L. 93-234), and the standards issued thereto. No portion
of the moneys to be paid to CORPORATION pursuant to this Agreement shall be
used for acquisition or construction purposes as defined under Section 3(a) of said
Act, for use in an area identified by the Secretary of HUD as having special flood
hazards which is located in an area not in compliance with the requirements for
participation in the National Flood Insurance Program pursuant to Section 201(d)
of said Act; and the use of any of said moneys for such acquisition or construction
in such identified areas in communities then participating in the National Flood
Insurance Program shall be subject to the mandatory purchase of flood insurance
requirements of Section 102(a) of said Act.
Any contract or agreement for the sale, lease or other transfer of land acquired,
cleared or improved with assistance provided under this Agreement shall contain,
if such land is located in an area identified by the Secretary of HUD as having
special flood hazards and in which the sale of flood insurance has been made
available under the National Flood Insurance Act of 1968, as amended, 42 U.S.C.
4001, et seq., provisions obligating the transferee and its successors or assigns to
obtain and maintain, during the ownership of such land, such flood insurance as
required with respect to financial assistance for acquisition or construction
purposes under Section 102(a) of the Flood Disaster Protection Act of 1973, as
amended. Such provisions shall be required notwithstanding the fact that the
construction on such land is not itself funded with assistance provided under this
Agreement.
1.07 Equal Employment Opportunity. In providing the work and services
herein specified, CORPORATION shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or national origin.
CORPORATION shall take action to ensure that applicants for employment are
employed, and that employees are treated during employment, without regard to
their race, color, religion, sex, sexual orientation, actual or perceived gender
identity, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship.
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CORPORATION shall post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the Federal Government or
the CITY setting forth the provisions of this nondiscrimination clause.
CORPORATION shall state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, sexual orientation,
actual or perceived gender identity, or national origin. CORPORATION shall
incorporate the foregoing requirements of this paragraph 1.07 in all of its contracts
for program work and will require all of its contractors for such work to incorporate
such requirements in all subcontracts for program work.
1.08 Prohibition of and Elimination of Lead-Based Paint Hazard.
Notwithstanding any other provision, CORPORATION agrees to comply with the
regulations issued by the Secretary of HUD set forth in 24 CFR 570.608 and all
applicable rules and orders issued thereunder which prohibit the use of lead-based
paint in residential structures undergoing federally assisted construction or
rehabilitation and require the elimination of lead-based paint hazards. Every
contract or subcontract, including painting, pursuant to which such federally
assisted construction or rehabilitation is performed, shall include appropriate
provisions prohibiting the use of lead-based paint.
1.09 Compliance with Clean Air and Water Acts. This Agreement is subject
to 42 U.S.C. 1857, et seq., and 33 U.S.C. 1251 et seq., and the regulations issued
pursuant thereto. Therefore, CORPORATION agrees as follows:
a. CORPORATION stipulates that any facility to be utilized in the performance
of any nonexempt contract or subcontract is not listed on the List of Violating
Facilities issued by the Environmental Protection Agency (EPA) pursuant to
40 CFR 15.20;
b. CORPORATION agrees to comply with all the requirements of Section 114
of the Clean Air Act, as amended, (42 U.S.C. 1857c-8) and Section 308 of
the Federal Water Pollution Control Act, as amended, (33 U.S.C. 1318)
relating to inspection, monitoring, entry, reports, and information, as well as
all other requirements specified in said Sections 114 and 308, and all
regulations and guidelines issued thereunder;
c. CORPORATION stipulates that as a condition for the award of the contract
prompt notice will be given of any notification received from the Director,
Office of Federal Activities, EPA, indicating that a facility utilized or to be
utilized for the contract is under consideration to be listed on the EPA List
of Violating Facilities;
d. CORPORATION agrees that criteria and requirements in subparagraphs
(a) through (d) of this section 1.09 will be included in every non -exempt
subcontract and CORPORATION shall take such action as the CITY or
HUD requires as a means of enforcing such provisions.
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In no event shall any amount of the assistance provided under this Agreement be
utilized with respect to a facility which has given rise to a conviction under Section
113(c)(1) of the Clean Air Act or Section 309(c) of the Federal Water Pollution
Control Act.
1.10 Federal Labor Standards Provisions. Except with respect to the
rehabilitation of residential property designed for residential use for less than eight
(8) families, CORPORATION and all CORPORATIONS engaged under contracts
in excess of Two Thousand Dollars ($2,000) for the construction, completion or
repair of any building or work financed in whole or in part with assistance provided
under this Agreement, shall comply with HUD requirements pertaining to such
contracts and the applicable requirements of the reg ulations of the Department of
Labor under 29 CFR Parts 3, 5 and 5a, governing the payment of wages and the
ratio of apprentices and trainees to journeymen; provided, that if wage rates higher
than those required under such regulations are imposed by state or local law,
nothing hereunder is intended to relieve CORPORATION of its obligation, if any,
to require payment of the higher rates. CORPORATION shall cause or require to
be inserted in full, in all such contracts subject to such regulations, provisions
meeting the requirements of 29 CFR 5.5 and for such contracts in excess of
Twenty Five Thousand Dollars ($25,000), 29 CFR 5a.3.
CORPORATION shall not award any contract or subcontract which is otherwise in
compliance with this Agreement to any person or subcontractor who is at the time
ineligible under the provisions of any applicable regulations of the Department of
Labor to receive an award of such contract.
1.11 Nondiscrimination under Title VI of the Civil Rights Act of 1964.
CORPORATION under this Agreement shall be subject to the requirements of Title
VI of the Civil Rights Act of 1964 (P.L. 88-352) and HUD regulations with respect
thereto including the regulations under 24 CFR Part 1. In the sale, lease or other
transfer of land acquired, cleared or improved with assistance provided under this
Agreement, CORPORATION shall cause or require a covenant running with the
land to be inserted in the deed or lease for such transfer, prohibiting discrimination
upon the basis of race, color, religion, sex, sexual orientation, actual or perceived
gender identity, or national origin, in the sale, lease or rental, or in the use of
occupancy of such land or any improvements erected or to be erected thereon,
and providing that CORPORATION and the United States are beneficiaries of and
entitled to enforce such covenant. CORPORATION, in providing the services and
work it is to provide, pursuant to this Agreement, agrees to take such measures as
are necessary to enforce such covenant and will not itself so discriminate.
1.12 Interest of Certain Federal Officials. No member of, or Delegate to, the
Congress of the United States, and no Resident Commissioner, shall be admitted
to any share or part of this Agreement or to any benefit arising from same.
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1.13 Conflict of Interest. Under 24 CFR Part 570.66, no officer, employee or
agent of CITY or CORPORATION who exercises any functions or responsibilities
with respect to the CDBG Program or to the services and work to be performed by
CORPORATION pursuant to this Agreement, during such officer's, employee's or
agent's tenure or for one (1) year thereafter, shall have any interest, direct or
indirect, in this Agreement or the proceeds thereof.
CORPORATION shall incorporate or cause to be incorporated in every contract
required to be in writing a provision prohibiting such interest pursuant to the
purposes of this section.
1.14 Prohibition against Payments of Bonuses or Commissions. The
assistance provided under this Agreement shall not be used in the payment of any
bonus or commission for the purpose of obtaining HUD approval of the application
for such assistance, or HUD approval of applications for additional assistance, or
any other approval or concurrence of HUD required under this Agreement, Title I
of the Housing and Community Development Acts of 1974 or 1977, or HUD
regulations with respect thereto; provided, however, that reasonable fees or bona
fide technical, consultant, managerial or other such services, other than actual
solicitation, are not hereby prohibited if otherwise eligible as program costs.
1.15 Copyrights. If this Agreement results in a book or other copyrightable
material, the author is free to copyright the work, but HUD reserves a royalty -free,
nonexclusive and irrevocable license to reproduce, publish, o r otherwise use, and
to authorize others to use, all copyrighted material and all material which can be
copyrighted.
1.16 Patents. Any discovery or invention arising out of or developed in the
course of work aided by this Agreement shall be promptly and fully reported to
CITY and HUD for determination by HUD as to whether patent protection on such
invention or discovery will be sought and how the rights in the invention or
discovery, including the rights under any patent issued thereon, shall be disposed
of and administered, in order to protect the public interest.
1.17 Political Activity.
a. Partisan Activity Prohibited. No funds provided in this Agreement shall
be used for any partisan political activity or to further the election or defeat
of any candidate for public office; nor shall they be used to provide services,
or for the employment or assignment of personnel in a manner supporting
or resulting in the identification of programs conducted pursuant to this
Agreement with the following: (1) any partisan or nonpartisan political
activity or any other political activity associated with a candidate, or
contending faction or group, in an election for public or party office; (2) any
activity to provide voters or prospective voters with transportation to the
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polls or similar assistance in connection with any such election; or (3) any
voter registration activity.
Participants employed in the administration of the CDBG Plan and/or
Program, and participants whose principal employment is in connection with
an activity financed by the CDBG Program or its proceeds are subject to
limitation on political activities under the Hatch Act (5 U.S.C. 1502(a), 18
U.S.C. 595). All participants may take part in non-partisan activities outside
working hours.
b. Lobbying Prohibited.
1. No federal appropriated funds have been paid or will be paid,
by or on behalf of the CORPORATION, to any person for
influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the
making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any
federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been
paid or will be paid to any person for influencing or attempting
to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this federal
contract, grant, loan, or cooperative agreement, the
CORPORATION shall complete and submit Standard Form
LLL, “Disclosure Form to Report Lobbying,” in accordance with
its instructions.
3. The CORPORATION shall require that the language of this
certification be included in the award documents for all sub
awards at all tiers (including subcontracts, subgrants, and
contracts under grants, loans, and cooperative agreements)
and that all subrecipients shall certify and disclose accordingly.
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. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
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1.18 Guidelines on Church-Related Activities.
a. Construction or Rehabilitation of Facilities. Block grant fund recipients
shall not use any funds to construct, rehabilitate, maintain, or restore
religious structures (including those which may be historic properties)
currently used for religious purposes. Block grant funds shall not be used
to construct, rehabilitate, maintain, or restore structures or other real
property owned by “pervasively sectarian” organizations. Block grant funds
shall not be used to assist a religious organization in acquiring property.
These prohibitions apply whether the property is used for religious services
or instruction or is used in any other way for religious activities.
b. Public Services. Block grant funds may be used for the provision of public
services under the following conditions:
1. The public services provided are exclusively non-religious in
nature and scope;
2. There are no religious services, proselytizing, instruction, or any
other religious influences in connection with the public services;
3. There is no religious discrimination in terms of employment or
benefits under the public services; and
4. The CDBG funds may be used only for the provision of public
services and not for the construction, rehabilitation or
restoration of any facility owned by the religious organization
where the services are to be provided. A narrow exception to
this prohibition is that minor repairs may be made where such
repairs (a) are directly related to the public services, (b) are
located in a structure used exclusively for non-religious
purposes, and (c) constitute in dollar terms a minor portion of
the CDBG expenditure for the public services.
1.19 Resident Aliens. (24 CFR 570.613) Certain newly legalized aliens, as
described in 24 CFR Part 49, are not eligible to apply for the benefits under covered
activities funded by the CDBG Program. “Covered activities” are activities meeting
the requirements of 24 CFR 570.208(a) that either (1) have income eligibility
requirements limiting benefits exclusively to low- and moderate-income persons,
or (2) are targeted geographically or otherwise to primarily benefit low - and
moderate-income persons (except for activities that benefit the public at large), and
provide benefits on the basis of an application.
1.20 Environmental Requirements. (24 CFR 470.604) CORPORATION is not
allowed to incur program expenses until the CITY has performed an environmental
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review of the proposed activities, received the release of funds, and provided the
CORPORATION with formal clearance to initiate them, along with directives for
any action necessary to mitigate negative environmental impacts (24 CFR Part
58).
1.21 Historic Preservation. CORPORATION shall not violate provisions of the
Historic Preservation Act and related laws and Executive Orders. Before any
commitments are made to make any physical improvements or alterations or
demolition of any building, CORPORATION shall receive assurances from the
CITY that the CORPORATION is in compliance.
1.22 If CORPORATION receives state or CITY funds, CORPORATION shall, in
the use of those state or CITY funds adhere to the applicable federal laws,
regulations, policies, guidelines or requirements, herein specified, only insofar as
adherence thereto would not be prohibited by valid CITY or state laws, regulations,
policies, guidelines or requirements.
SECTION 2. FINANCIAL OBLIGATIONS OF CORPORATION
2.01 Fiscal Responsibilities of CORPORATION.
CORPORATION shall:
a. Appoint and submit to CITY, the name of a fiscal agent who shall be
responsible for the financial and accounting activities of the CORPORATION,
including the receipt and disbursement of CORPORATION funds.
b. Establish and maintain a system of accounts that shall be in conformance
with generally accepted principles of accounting for budgeted funds. Such
system of accounts shall be subject to review and approval of CITY.
c. Document all costs by maintaining complete and accurate records of all
financial transactions, including but not limited to contracts, invoices, time
cards, cash receipts, vouchers, cancelled checks, bank statements and/or
other official documentation evidencing in proper detail the nature and
propriety of all charges.
d. Submit to the CITY, within ten (10) days of the end of the preceding month,
requests for reimbursement, together with documentation required by CITY.
During quarter 4, submit within seven (7) days of the end of the preceding
month.
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e. Certify insurability subject to CITY approval as outlined in EXHIBIT G entitled
“INDEMNIFICATION AND INSURANCE REQUIREMENTS”.
f. Submit to HUD or CITY at such times and in such forms as HUD or CITY may
require, such statements, records, reports, data, and information pertaining
to matters covered by this Agreement.
g. Comply with 2 CFR Part 200 and adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain
necessary source documentation for all costs incurred.
h. Administer all programs in conformance with 2 CFR Part 200. These
principles shall be applied for all costs incurred whether charged in a direct
or indirect basis.
i. If indirect costs are charged, the CORPORATION will develop an indirect cost
allocation plan for determining the appropriate CORPORATION’s share of
administrative costs and shall submit such plan to the CITY for approval.
2.02 Records, Reports and Audits of CORPORATION.
a. Establishment and Maintenance of Records. CORPORATION shall
maintain records, including but not limited to, books, financial records,
supporting documents, statistical records, personnel, property, and all other
pertinent records sufficient to reflect properly:
1. All direct and indirect costs of whatever nature claimed to have been
incurred and anticipated to be incurred to perform this Agreement, and
2. All other matters covered by this Agreement. Such records shall be
maintained in accordance with requirements now or hereafter
prescribed by the CITY.
b. Preservation of Records. CORPORATION shall preserve and make
available its records:
1. for a period of four (4) years from the date of submission of the
Consolidated Annual Performance and Evaluation Report (CAPER) in
which the specific activity is reported for the last time; or,
2. for such longer period, if any, as may be required by applicable law;
or,
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3. if this Agreement is completely or partially terminated, for a period of
four (4) years from the date of any resulting final settlement.
c. 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:
1. Records providing a full description of each activity undertaken;
2. Records demonstrating that each activity undertaken meets one of the
National Objectives of the CDBG Program;
3. Records required to determine the eligibility of activities;
4. Records required to document the acquisition, improvement, use or
disposition of real property acquired or improved with CDBG
assistance;
5. Records documenting compliance with the fair housing and equal
opportunity components of the CDBG Program;
6. Financial records as required by 24 CFR 570.502 and 2 CFR Part 200;
and
7. Other records necessary to document compliance with Subpart K of
24 CFR Part 570.
d. Examination of Records; Facilities. At any time during normal business
hours, and as often as may be deemed necessary, CORPORATION agrees
that HUD and/or CITY, and/or any of their respective authorized
representatives shall:
1. for a period of four (4) years from the date of submission of the
Consolidated Annual Performance and Evaluation Report (CAPER) in
which the specific activity is reported for the last time; or,
2. for such longer period as may be required by applicable law; or,
3. if this Agreement is completely or partially termina ted, for a period of
four (4) years from date of any resulting settlement;
have access to and the right to examine its plants, offices, and facilities
engaged in performance of this Agreement and all its records with
respect to all matters covered by this Agreement. CORPORATION
also agrees that HUD and/or CITY, or any of their respective
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authorized representatives shall have the right to audit, examine, and
make excerpts or transcripts of and from such records, and to make
audits of all contracts and subcontracts, invoices, payrolls, records of
personnel, conditions of employment, materials, and all other data
relating to matters covered by this Agreement. Notwithstanding
anything in this Agreement to the contrary for monitoring purposes ,
CITY shall not require access to any information of CORPORATION
mutually determined by the parties hereto to be proprietary.
e. Audits:
1. Independent Audits.
(a) Funds will be set aside in each agency's budget just for an
independent audit. A separate line item will be established.
(b) CORPORATION shall enter into an agreement with an
independent public accountant certified to practice in the State
of California no later than sixty (60) days before the end of this
Agreement calling for an audit to be done for the entire year.
The audit must be in conformance with the applicable funding
source.
(c) The audit must be completed and sent to CITY's Housing and
Community Services staff within the later of one hundred eighty
(180) days of the end of this Agreement or ninety (90) days after
the end of CORPORATION’s fiscal year.
(d) Independent Audits. The independent fiscal audit shall
conform to generally accepted governmental auditing principles
and Office of Management and Budget 2 CFR Part 200." Such
audits shall identify the funds received and disbursed under this
Agreement.
(e) For CORPORATIONS that expend $750,000 or more of
Federal financial assistance in a fiscal year, in addition to
conducting normal financial audit procedures, the
CORPORATION's independent public accountant certified to
practice in the State of California shall perform tests to
ascertain that:
(i) Expenditures submitted for reimbursement are
allowable under 2 CFR Part 200;
(ii) Expenditures are in compliance with the grant
agreements between the CITY and CORPORATION;
and
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(iii) Applicable laws and regulations. Further, the
independent public accountant certified to practice in the
State of California shall render an opinion as to whether
the Expenditures complied with the Single Audit Act of
1984 and 2 CFR Part 200, Subpart F, Appendix II
(Contract Provisions for Non-Federal Entity Contracts
Under Federal Awards).
(iv) Funds may be set aside in CORPORATION’s budget in
an amount equal to CITY’s fair share of
CORPORATION’s cost of Single Audit, if required, with
prior approval from the agency. The audit must include
the following components:
a. Balance Sheet or Statement of Financial Position;
b. Statement of Support, Revenue and Expenses and
Changes in Fund Balances or Statement Activities;
c. Statement of Functional Expenses;
d. Schedule of Expenditures of Federal Awards;
e. Independent Auditor’s Report on the Financial
Statement and Schedule of Expenditures of Federal
Awards;
f. Auditor’s Report on Internal Control over Financial
Reporting and on Compliance and Other Matters;
g. Auditor’s Report on Compliance with Requirements
Applicable to Major Programs and on Internal
Control over Compliance;
h. Schedule of Findings and Questioned Costs;
i. Summary of Schedule of Prior Audit Findings;
j. Corrective Action Plan;
k. Data Collection Form;
l. Communication of Internal Control Related Matters
Identified in an Audit (Management Letter) from
Auditor (if one was issued)
1. CORPORATION shall also submit to the agency
a written management response to the findings
of the Internal Control Matters.
(v) CORPORATIONS that are not required under the Single
Audit Act to submit reports in conformance with the
requirements of 2 CFR Part 200, Subpart F, Appendix II
(Contract Provisions for Non-Federal Entity Contracts
Under Federal Awards) shall submit an audit performed
in accordance with Generally Accepted Auditing
Standards and submit reports which conform to
Generally Accepted Accounting Principles and that
includes the following components:
a. Balance Sheet or Statement of Financial Position;
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b. Statement of Support, Revenue, and Expenses and
Changes in Fund Balances or Statement Activities;
c. Statement of Functional Expenses;
d. Statement of Auditor’s Report;
e. Communication of Internal Control Related Matters
Identified in an Audit (Management Letter) from
Auditor
1. CORPORATION shall also submit to the
agency a written management response to the
findings of the Internal Control Matters.
(f) For CORPORATIONS that expend more than $750,000 of
financial assistance in a fiscal year, the audit shall identify in a
Schedule of Governmental Financial Assistance, the gross
amounts of grants obtained by CORPORATION from all
governmental sources, the periods covered by the grants, and
the grant contract or identification number(s), if any, under
which funds were received and disbursed by CORPORATION
during the audited fiscal year. In addition, the Schedule of
Governmental Financial Assistance shall show the amount
disbursed under each grant during the audited fiscal year,
including the amount received and disbursed under this
Agreement.
(g) CORPORATION’s independent public accountant certified to
practice in the State of California shall perform reviews of
CORPORATION’s internal control systems and
CORPORATION’s compliance with applicable laws,
regulations, and requirements of this Agreement.
(h) Should CORPORATION not enter into an agreement with an
independent public accountant certified to practice in the State
of California, or should an audit not be done on a timely basis,
CITY, at its sole discretion, may enter into an agreement with
an independent public accountant certified to practice in the
State of California to perform the audit.
The independent public accountant shall be certified to practice in the
State of California and shall issue a report on the financial statements
and the Schedule of Governmental Financial Assistance, a report on
the study and evaluation of internal controls and a report on
CORPORATION compliance. The three reports may be bound into a
single report or presented at the same time as separate documents.
2. City Audits. CITY may perform an independent audit. Such audits
may cover program as well as fiscal matters. CORPORATION will be
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afforded an opportunity to respond to any audit findings and have the
responses included in the final audit report. Costs of such audits will
be borne by CITY.
3. Disallowed Costs. CORPORATION is liable for repayment of
disallowed costs as determined by CITY, in its sole discretion, and/or
HUD. Disallowed costs may be identified through audits, monitoring or
other sources. CORPORATION shall be afforded the opportunity to
respond to any adverse findings which may lead to disallowed costs.
DIRECTOR shall make the final determination of disallowed costs,
subject to provisions of 2 CFR Part 200 and applicable HUD
regulations.
SECTION 3. OTHER REQUIREMENTS OF CORPORATION
3.01 Client Data. The subrecipient shall maintain client data demonstrating
client eligibility for services provided. Such data shall include, but not be limited
to, client name, address, income level or other basis for determining eligibility, and
description of service provided. Such information shall be made available to
CORPORATION monitors or their designees for review upon request.
3.02 Disclosure. The subrecipient understands that client information collected
under this Agreement is private and the use or discl osure of such information,
when not directly connected with the administration of the CORPORATION’s or
subrecipient’s responsibilities with respect to services provided under this
Agreement, is prohibited unless written consent is obtained from such person
receiving service and, in the case of a minor, that of a responsible parent/guardian.
3.03 Close-outs. The subrecipient’s obligation to the CORPORATION shall not
end until all close-out requirements are completed pursuant to 24 CFR 570.509.
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, balances, and accounts receivable
to the CORPORATION), 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.
3.04 Program Income. N/A
3.05 Indirect Costs. If indirect costs are charged, the subrecipient will develop
an indirect cost allocation plan for determining the appropriate subrecipient’s share
of administrative costs and shall submit such plan to the CORPORATION for
approval, in a form specified by the CORPORATION.
3.06 Use and Reversion of Assets. The use and disposition of real property
and equipment under this Agreement shall be in compliance with the requirements
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of 2 CFR Part 200, 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 CORPORATION any CDBG funds on
hand and any accounts receivable attributable to the use of funds under this
Agreement at the time of expiration, cancellation, or termination.
2. Real property under the subrecipient’s control that was acquired or
improved, in whole or in part, with 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 or such longer period of time as the CORPORATION deems
appropriate. If 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 CORPORATION 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. The subrecipient may retain real property
acquired or improved under this Agreement after the expiration of the five -
year period or such longer period of time as the CORPORATION deems
appropriate.
3. Equipment not needed by the subrecipient for activities under this
Agreement shall be (a) transferred to the CORPORATION for the CDBG
Program or (b) retained after compensating the CORPORATION an amount
equal to the current fair market value of the equipment less the percentage
of non-CDBG funds used to acquire the equipment.
3.07 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.
3.08 HMIS Participation. All agencies providing homeless services are required
to fully participate in the Homeless Management Information System (“HMIS”) and
ensure that the CORPORATION has the mechanisms and staffing in place to use
the system appropriately and in a timely manner. Funded agencies are required
to collect demographic information on all clients served by the funded
PROGRAMs, the services provided, and consent to release the information to the
HMIS Administrator and the CITY’s Housing and Community Services Division.
Funded PROGRAMs must utilize all appropriate aspects of HMIS in order to
generate the statistical information required for reporting to the CITY on all
universal and program level elements of the HUD Data Standards. These
statistical reports must be generated directly out of HMIS. No adjustments to the
HMIS reports will be accepted and it is therefore incumbent on the agency to
ensure that the information they put into HMIS is accurate and up to date. CITY
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will measure performance and outcomes relating to these funded PROGRAMs
through the use of the HMIS statistical data, based on the HUD data elements, or
other reporting requirements as determined by the CITY. The CITY will request
from the HMIS Administrator, acknowledgement of the recipient agencies’
certificate of compliance with HUD privacy and security standards,
acknowledgement of use of the Shelter Point program, and statistics on the
percentage of Universal and Top-Level Program data captured.
3.09 Language Access Plan (LAP). CORPORATION shall fully implement and
comply with the Language Access Plan (“LAP”) as approved by CITY to ensure
that limited English proficient clients have equal access to community programs
and services.
3.10 CORPORATION shall include in all outreach and marketing materials,
including public websites, an affirmative statement that it will provide services or
benefits to all persons, race, color, religion, national origin, sex, disability, sexual
orientation, gender identity, or familial status.
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EXHIBIT F
CITY OF GILROY
EMPLOYEE/VOLUNTEER CLEARANCE VERIFICATION
If CORPORATION provides services involving minors, and as a City -
approved method of complying with the provisions contained in this Agreement,
CORPORATION shall conduct a criminal background check through the database
of the California Department of Justice and an FBI criminal database or equivalent
national database as approved in writing by CORPORATION’s liability insurance
provider, on each of its employees and volunteers who have supervisory or
disciplinary authority over minors.
CORPORATION shall also comply with the provisions of the Child Abuse and
Neglect Reporting Act, California Penal Code Section 11164 et. seq. Additionally,
CORPORATION certifies to the following:
1. Any and all personnel employed or retained by CORPORATION in
conducting the operations of CORPORATION’s program shall be qualified to
perform the duties assigned to them by CORPORATION. CORPORATION agrees
that CORPORATION shall not at any time allow its employees or volunteers to be
in any position with supervisory or disciplinary authority over minors, if they have
been convicted of any offense identified in California Public Resources Code
Section 5164 (copy attached).
CITY and CORPORATION understand that results of background checks on
minors may be confidential under state law. Therefore, all employees or
volunteers must be at least 18 years of age if they are to be in a position having
supervisory or disciplinary authority over any minor.
If CORPORATION intends to have employees or volunteers under the age
of 18 providing services under this Agreement, CORPORATION shall maintain and
make available to CITY, if requested, guidelines, procedures or policies, that
safeguard and ensure that no employees or volunteers under the age of 18 will be
providing services under this Agreement unsupervised and further
CORPORATION shall ensure that none of its employees or volunteers under 18
years of age have any supervisory or disciplinary authority over any minor, as such
term is used in California Public Resources Code Section 5164.
2. CORPORATION shall be responsible for ensuring that no person who
has supervisory or disciplinary authority over minors, who is paid or unpaid by
CORPORATION shall be permitted to provide services unless appropriate
background checks, including fingerprints, have been performed prior to the
beginning of services under this Agreement, and the person meets the standards
set forth above. If requested by CITY, and to the extent allowed by law,
CORPORATION shall promptly provide documentation listing each person that
has provided or is providing services hereunder involving supervision or
disciplinary authority over minors, and certifying that the CORPORATION has
conducted the proper background check on such person or persons, and each of
the named persons is legally permitted to perform the services described in this
Agreement. Regardless of whether such documentation is requested or delivered
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by CORPORATION, CORPORATION shall be solely responsible for compliance
with the provisions of this Section.
3. That no person paid or unpaid by CORPORATION shall be permitted
to provide services requiring contact with children or providing food concessionaire
services or other licensed concessionaire services in that area, unless
CORPORATION has complied with the TB testing requirements set forth in
Section 5163 of the California Public Resources Code (copy attached), verifying
that the person or persons has provided evidence/verification of a negative TB skin
test reading less than two (2) years old (if newly hired) or w ithin four (4) years (if
current employee) of the date of execution of this Agreement and every four (4)
years thereafter, if the term of this Agreement exceeds four (4) years. For persons
with a positive TB skin test reading, a physician’s medical clearance must be
obtained prior to services being provided as specified above. CORPORATION
shall keep on file each “Certificate” of clearance for the persons described above,
and shall also make available a copy of each Certificate to CITY, if requested and
allowed by law. “Certificate” means a document signed by a licensed examining
physician and surgeon or a notice from a public health agency or unit of the
tuberculosis association which indicates freedom from active tuberculosis.
4. CORPORATION understands that if services are rendered on a school
site, there may be additional requirements that may apply including without
limitation, requirements under the California Education Code. CORPORATION
acknowledges that it is CORPORATION’s sole responsibility to comply with all
applicable laws, regulations and licensing requirements in CORPORATION’s
provision of services hereunder.
I, the CORPORATION by signing below verify that I have read and agree to the
above:
Signature Date
Live Oak Adult Day Services
Please Print or Type Name of Organization
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CALIFORNIA PUBLIC RESOURCES CODE SECTION 5164
5164. (a)(1) A county or city or city and county or special district shall not hire
a person for employment, or hire a volunteer to perform services, at a county or
city or city and county or special district operated park, playground, recreational
center, or beach used for recreational purposes, in a position having supervisory
or disciplinary authority over any minor, if that person has been convicted of any
offense specified in paragraph (2).
(2)(A) Violations or attempted violations of Section 220, 261.5, 262,
273a, 273d, or 273.5 of the Penal Code, or any sex offense listed in Section 290
of the Penal Code, except for the offen se specified in subdivision (d) of Section
243.4 of the Penal Code.
(B) Any felony or misdemeanor conviction specified in subparagraph
(C) within ten (10) years of the date of the employer’s request.
(C) Any felony conviction that is over ten (10) years old, if the subject
of the request was incarcerated within ten (10) years of the employer’s request, for
a violation or attempted violation of any of the offenses specified in Chapter 3
(commencing with Section 207) of Title 8 of Part 1 of the Penal Code, Section 211
or 215 of the Penal Code, wherein it is charged and proved that the defendant
personally used a deadly or dangerous weapon, as provided in subdivision (b) of
Section 12022 of the Penal Code, in the commission of that offense, Section 217.1
of the Penal Code, Section 236 of the Penal Code, any of the offenses specified
in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code,
or any of the offenses specified in subdivision (c) of Section 667.5 of the Penal
Code, provided that no record of a misdemeanor conviction shall be transmitted to
the requester unless the subject of the request has a total of three (3) or more
misdemeanor convictions, or a combined total of three (3) or more misdemeanor
and felony convictions, for violations listed in this Section within the ten-year period
immediately preceding the employer’s request or has been incarcerated for any of
those convictions within the preceding ten (10) years.
(b)(1) To give effect to this Section, a county or city or city and county
or special district shall require each such prospective employee or volunteer to
complete an application that inquires as to whether or not that individual has been
convicted of any offense specified in subdivision (a). The county or city or city and
county or special district shall screen, pursuant to Section 11105.3 of the Penal
Code, any such prospective employee or volunteer, having supervisory or
disciplinary authority over any minor, for that person’s criminal background.
(2) Any local agency requests for Department of Justice records
pursuant to this subdivision shall include the prospective employee’s or volunteer’s
fingerprints, which may be taken by the local agency, and any other data specified
by the Department of Justice. The request shall be made on a form approved by
the Department of Justice. No fee shall be charged to the local agency for
requesting the records of a prospective volunteer pursuant to this subdivision.
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CALIFORNIA PUBLIC RESOURCES CODE SECTION 5163
5163. (a) No person shall initially be employed in connection with a park,
playground, recreational center, or beach used for recreational purposes by a city
or county in a position requiring contact with children, or as a food concessionaire
or other licensed concessionaire in that area, unless the person produces or has
on file with the city or county a certificate showing that within the last two (2) years
the person has been examined and has been found to be free of communica ble
tuberculosis.
(b) Thereafter, those employees who are skin test negative shall be
required to undergo the foregoing examination at least once each four (4) years
for so long as the employee remains skin test negative. Once an employee has a
documented positive skin test which has been followed by an X-ray, the foregoing
examination is no longer required and a referral shall be made within thirty (30)
days of the examination to the local health officer to determine the need for follow -
up care.
“Certificate” means a document signed by the examining physician and
surgeon who is licensed under Chapter 5 (commencing with Section 2000) of
Division 2 of the Business and Professions Code, or a notice from a public health
agency or unit of the tuberculosis association which indicates freedom from active
tuberculosis.
5163.1. The examination shall consist of an approved intradermal tuberculosis
test, which, if positive, shall be followed by an X-ray of the lungs.
Nothing in Sections 5163 to 5163.2, inclusive, shall prevent the
governing body of any city or county, upon recommendation of the local health
officer, from establishing a rule requiring a more extensive or more frequent
examination than required by Section 5163 and this Section.
5163.2. The X-ray film may be taken by a competent and qualified X-ray
technician if the X-ray file is subsequently interpreted by a licensed physician and
surgeon.
5163.3. The city or county shall maintain a file containing an up-to-date
certificate for each person covered by Section 5163.
5163.4. Nothing in Section 5163 to 5163.3, inclusive, shall prevent the city or
county from requiring more extensive or more frequent examinations.
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EXHIBIT G
CITY OF GILROY
INDEMNIFICATION AND INSURANCE REQUIREMENTS
Indemnification of Liability, Duty to Defend
A. As Respects Professional Liability:
As to professional liability, to the fullest extent permitted by law, CORPORATION
shall defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers,
representatives, agents and employees against any and all suits, damages,
costs, fees, claims, demands, causes of action, losses, liabilities and expenses,
including without limitation attorneys’ fees, to the extent arising or resulting
directly or indirectly from any willful or negligent acts, errors or omissions of
CORPORATION or CORPORATION’S assistants, employees or agents,
including all claims relating to the injury or death of any person or damage to any
property.
B. As Respects Other Liability:
As to other liability, to the fullest extent permitted by law, CORPORATION shall
defend, through counsel approved by CITY (which approval shall not be
unreasonably withheld), indemnify and hold harmless CITY, its officers,
representatives, agents and employees against any and all suits, damages,
costs, fees, claims, demands, causes of action, losses, liabilities and expenses,
including without limitation attorneys’ fees, arising or resulting directly or indirectly
from any act or omission of CORPORATION or CORPORATION’S assistants,
employees or agents, including all claims relating to the injury or death of any
person or damage to any property.
Insurance
CORPORATION shall obtain prior to commencement of the performance
of the terms of this Agreement, pay for, and maintain until completion of this
Agreement, the following types of Insurance Policies. These Insurance Policies
must cover at least the following, which are minimum coverage’s and limits.
I. Comprehensive General Liability Insurance including the following:
Commercial Liability Insurance on a per occurrence basis with a minimum
combined single limit coverage of $1,000,000 per occurrence for all
damages due to bodily injury, sickness or disease, or death to any person,
and damage to property, including the loss of use thereof
1. Premises Operations (including completed operations if the
exposure exists)
2. Broad Form Blanket Contractual
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3. Personal Injury coverages A, B and C, delete exclusion "C"
a. All coverages must have a minimum of $ 1,000,000.00
Combined Single Limit
II. Comprehensive Auto Policy to cover:
1. Owned
2. Non-Owned
3. Hired Auto
Corporation shall maintain auto coverage for owned, non-owned, and
hired automobiles, with a minimum combined single limit coverage of
$1,000,000 per occurrence for all damages due to bodily injury, death to
any person, and damage to property, including loss of use. If corporation
certifies that they do not have any owned, non-owned or hired auto usage
associated with this Agreement, then coverage for these elements can be
waived, however, if at any time the Corporation utilizes owned, non-owned
or hired autos then this coverage is mandatory.
No Live Oak Adult Day Services representative will use or drive a vehicle
associated with any activity covered under the Agreement.
III. Medical Malpractice Insurance: Minimum limits of $ N/A per occurrence
with no greater deductible than $1,000 per occurrence. This is to cover all
medical staff associated with the Corporation, such as, but not limited to,
doctors, nurses, and paramedical. (Where scope of services provides for
medical staff)
IV. Workers’ Compensation coverage with the statutory limit of liability and
$1,000,000.00 employer's liability. CORPORATION agrees to provides workers’
compensation insurance for CORPORATIONT’S employees and agents and
agrees to hold harmless, defend with counsel acceptable to CITY and indemnify
CITY, its officers, representatives, agents and employees from and against any
and all claims, suits, damages, costs, fees, demands, causes of action, losses,
liabilities and expenses, including without limitation attorneys’ fees, arising out of
any injury, disability, or death of any of CORPORATION’S employees.
V. Additional Insured Endorsement: On all required insurance the
following endorsement must be a part of each Insurance Policy
except the Professional Liability Insurance and the Workers
Compensation Insurance.
CITY OF GILROY, ITS OFFICERS, REPRESENTATIVES, AGENTS,
AND EMPLOYEES
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VI.Thirty (30) days’ notice of cancellation or reduction in coverage of any
nature must be given to the City of Gilroy.
VII.The insurance policies must be endorsed to show that they are primary, and
any other valid and collectible insurance the City of Gilroy may have will be
excess only.
VIII.All insurance policies must be satisfactory to the City of Gilroy.
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EXHIBIT H
City of Gilroy Community Development Block Grant
CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, to any person for influencing or attempting to influence an
officer or employee of an agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with the
awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its
instructions.
(3) The undersigned shall require that the language 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. 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 impose d by section 1352,
title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or
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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 commitment providing for the United States to
insure or guarantee a loan, the undersigned shall complete and submit Standard
Form-LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its
instructions. Submission of this statement is a prerequisite for making or entering
into this transaction imposed by section 1352, title 31, U.S. Code. Any person who
fails to file the required statement shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
Signature
Executive Director
Title
Live Oak Adult Day Services
Organization
DocuSign Envelope ID: B8972784-3805-41B2-9A47-B9A66A80272B