HomeMy WebLinkAbout75B - PH CDBG PROGRAMREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JUNE 4, 2019
TITLE:
PUBLIC HEARING — APPROVE THE
FISCAL YEAR 2019-20 COMMUNITY
DEVELOPMENT BLOCK GRANT
PROGRAM FOR A TOTAL AMOUNT OF
$7,146,686
(STRATEGIC PLAN NOS. 1,6; 2,2; 5,4)
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 181 Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
CITY MA1qAGER
RECOMMENDED ACTION
Approve the Fiscal Year 2019 - 20 Community Development Block Grant Program in the
amount of $7,146,686, including $5,701,154 from the Grant Year 2019 allocation,
anticipated program income in the amount of $275,039, and re -allocation of prior year
program funds in the amount of $1,170,493 from the United States Department of Housing
and Urban Development.
2. Direct the City Attorney to finalize and authorize the City Manager and the Clerk of the
Council to execute memorandums of understanding with various city departments and
agreements with nonprofit organizations awarded funds as part of the approved Community
Development Block Grant Program for a term beginning July 1, 2019 through June 30, 2020,
subject to non -substantive changes approved by the City Manager and City Attorney.
City Department
Award
Community Development Agency - Administration of the CDBG Program. Proposed
$1,080 230
funding amount calculated based on 20% administrative cap less Fair Housing amount.
Orange County Fair Housing Council Inc. — Provides fairhousing education,
landlord tenant counseling and enforcement services to combat housing discrimination and city
$60,000
administrative support for the residents of the City of Santa Ana. A commitment to further fair
housing is a requirement of CDBG funding.
Code Enforcement — Community Preservation Services
$790,664
Economic Development - Funds are used to make award grants of up to $5,000 to
$72 926
eligible micruenterptise businesses in the Cit .
Parks, Recreation and Community Services Agency - Neighborhood park
$1,435,000
improvements.
Public Works Agency - Residential street improvements/Santa Ana Regional
$2,150,323
Trans ortation CenterAmericans with Disability Act improvements.
75B-1
Public Hearing -
June 4, 2019
Page 2
Fiscal Year 2019 — 2020 CDBG Program
Planning and Building Agency — Neighborhood Sponsored Improvements to address
property maintenance and life safety violations, which contribute to the visual blight and general
$50,000
Housing — To address rehabilitation of single-family and multi -family housing as well as a I $635,000
J ...—♦ ♦ - —
TOTAL I $6,274,143
Public Service Organizations
Award
America on Track — Brighter Futures for Children of Prisoners
$45,000
Boys & Girls Club of Santa Ana — Community Based Mentoring Program
$40,000
Charitable Ventures of OC — Summer Night Lights
$30,000
Community Action Partnerships of OC — Economic Empowerment Your Money
Your Goals
$30,000
Community Health Initiative Orange County - Provides outreach, education,
enrollment, and case management services to vulnerable populations
$30,000
Court Appointed Special Advocates — Transitional Age Youth Program
$30,000
Delhi Center/Cielo- Family Economic Success Initiative Program
$93,205
Delhi Center - Teens Engaged in Learning and Leadership Program
$68,461
Delhi Center/ALBI - Skill enrichment, self-expression, stress relief and socialization
through various arts activities
$61,557
Heritage Museum of OC — The Borrowing Barn
$31,320
Legal Aid Society of OC (Community Legal Aid SoCal) - Provides free, holistic
legal assistance to survivors of domestic violence
$38,000
Lutheran Social Services of So. Cal. — Victims intervention Program
$30,000
Nati's House (dba Neutral Ground) - Summer Night Lights Program
$60,000
OC Children's Therapeutic Arts Center - After School Arts, Tutoring, Family
Counseling, and Parenting Classes
$70,000
Public Law Center — Consumer & Community Organizations Legal Assistance Project
$30,000
Public Law Center - Affordable Housing & Homelessness Prevention Program
$30,000
Second Chance Orange County — More Second Chances
$50,000
Taller San Jose Hope Builders — Business Applications
$30,000
The Cambodian Family — Plan Ahead Youth Program
$45,000
Young Men's Christian Association of OC — Financial Assistance Program
$30,000
TOTAL
$872,543
Note: The public service organizations and the amounts are subject to change pending Recommended Action 2 above.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION
75B-2
Public Hearing - Fiscal Year 2019 — 2020 CDBG Program
June 4, 2019
Page 3
At its Regular Meeting on March 27, 2019, the Community Redevelopment and Housing
Commission recommended approval of the nonprofit public services for the FY 2019-20
Community Development Block Grant Program to the City Council by a vote of 6:1 (Urzua,
abstained).
DISCUSSION
The City of Santa Ana receives an annual allocation of Community Development Block Grant
(CDBG) Program funds from the United States Department of Housing and Urban Development
(HUD) to improve low to moderate -income neighborhoods, eliminate blight and create a more
stable economic base. These funds may be used for a diverse range of programs including
affordable housing, street improvements, park and public facilities improvements, economic
development, code enforcement and public services. The City's CDBG allocation for Grant Year
(GY) 2019, FY 2019- 20, is $5,701,154. In addition, program income in the amount of $275,039 is
anticipated, and re -allocation of prior year program funds in the amount of $1,170,493
The proposed FY 2019-20 CDBG Program and Funding Plan consists of the Community
Redevelopment and Housing Commission's (CRHC) funding recommendations for nonprofit
public service programs and staffs funding recommendations for Administration and Planning,
Code Enforcement, Economic Development, City Capital Improvements, and Housing.
The CDBG Program and Funding Plan can be summarized in two general categories: 1) Capital
Projects/CDBG Program Funding Plan, and 2) Public Services. A summary of the process and
allocation for the FY 2019-20 CDBG Program is provided below for both general categories.
Capital Projects/CDBG Program Funding Plan:
The FY 2019-20 CDBG Program Funding Plan includes the funding allocations for administration,
fair housing, nonprofit public services, code enforcement in low- to moderate- income areas of the
city to address health and safety violations, economic development to provide small business
grants, residential street improvements, park improvements, multi -family rehabilitation loans,
single-family rehabilitation loans, and homebuyer down payment assistance loans as described in
the CDBG FY 2019-20 Program Plan (Exhibit 1). The CDBG allowable cap of 20 percent for
administration and fair housing services is estimated to be $1,140,230 for FY 2019-20.
Administration is necessary for staffing, compliance, reporting, fiscal management, and
monitoring of the entire program. Fair housing is necessary due to CDBG requirements that the
City affirmatively further fair housing. The proposed programs and projects have been determined
to be of highest priority and need by the Executive Directors of the Parks, Recreation and
Community Services Agency, Public Works Agency, Planning and Building Agency and
Community Development Agency following the City's internal application process and the
competitive public service allocation process described below.
Public Services:
A maximum of 15 percent of CDBG funding plus anticipated program income not to exceed 15%
for FY 2019-20 ($872,543) may be used for public services. For FY 2019-20, the City is providing
the entire estimated public service allocation to nonprofit organizations for programs with an
emphasis on crime prevention, intervention, and/or suppression for children, youth, and families,
75B-3
Public Hearing - Fiscal Year 2019 — 2020 CDBG Program
June 4, 2019
Page 4
economic development, tenant services assistance and programs; and a summer night lights
program. (Exhibit 2).
Following approval by City Council on December 18, 2018, the City solicited applications from
nonprofit organizations from January 2, 2019 to February 4, 2019. Marketing of the CDBG
application process and nonprofit outreach efforts included a press release, use of social media
via the City's Facebook page, a -mails to a nonprofit organization distribution list, mailings to
nonprofits, and a dedicated CDBG webpage.
A total of 28 applications were received from 23 nonprofit organizations (four nonprofit
organizations submitted multiple applications). Two nonprofit organizations applied for the
Summer Night Lights Programs. The applications were submitted to the Community
Redevelopment and Housing Commissioners for review and rating based on the following criteria:
Criteria
Max Points
Community Need (Max. 35 Points)
• How well does the program align with a City of Santa Ana strategic
plan goal AND meet the requirement of a program with an
emphasis on crime prevention, intervention, and/or suppression
efforts for children, youth and/or families?
15
• If other similar services are provided, how does this application
complement or fill an existing gap?
5
• Does this program serve a Neighborhood Initiative residential area
that has been adversely affected by disinvestment and decline?
10
• Has the applicant demonstrated a need for the proposed program
in Santa Ana?
5
Experience (Max. 20 Points)
• Does the organization have experience in providing the proposed
service?
10
• Does the applicant have experience administering CDBG or any
other Federal rants?
10
Capacity to Provide Service (Max. 25 Points)
• Will the program benefit Santa Ana residents? If the program is
outside of Santa Ana, did the organization explain how Santa Ana
residents will be served?
5
• Does the program have benchmarks for success? Does the
applicant have a means of measuring performance, qualitatively
and quantitatively?
10
• Does the organization have the personnel qualified to provide the
service and administer the grant?
10
Effective & Efficient Use of Funds (Max. 20 Points)
• Does the cost per client appear reasonable when compared to
10
75B-4
Public Hearing - Fiscal Year 2019 — 2020 CDBG Program
June 4, 2019
Page 5
similarprograms?
• How many people will be served with CDBG funds; are a majority
from Santa Ana?
5
Does the application clearly identify how the grant funding will be
spent?
5
TOTAL POINTS
100
Representatives from each organization were invited to present their proposed public service
programs for funding consideration at two Community Redevelopment and Housing Commission
public hearings on February 26, 2019 and February 28, 2019 held from 3:OOPM to 7:OOPM on
both days. At the special CRHC meeting on March 27, 2019, Commissioners deliberated and
finalized the funding recommendations.. The recommended funding amounts for the nonprofit
organizations equals $872,543, with the exclusion of the Orange County Fair Housing Council,
which -is recommended to be funded out of program administration, as in previous years, as
permitted by CDBG regulations. A brief summary of all 28 applications are shown in Exhibit 3.
Following the review process, the Commission is recommending funding for a total of 20
programs for consideration by City Council.
Next Steps:
If the FY 2019-20 CDBG Program and Funding Plan is approved, staff will prepare and execute
memorandums of understanding with various city departments (Exhibit 4) and agreements with
nonprofit organizations (Exhibits 5 and 6) for the period of July 1, 2019 through June 30, 2020. All
of the projects and programs are eligible for CDBG funding and are in alignment with the City's
Five -Year Consolidated Plan, Strategic Plan and Capital Improvement Program.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's effort to meet:
• Goal #1 - Community Safety, Objective #6 (Enhance Public Safety integration,
communications and community outreach), Strategy F (The Santa Ana Police Department
will collaborate with the Orange County Probation Department, Orange County Healthcare
Agency caseworkers, business community, and associated non-profit organizations to
assist in re-entry of recently released offenders into the community);
• Goal #2 - Youth, Education, Recreation, Objective #2 (Expand youth programing),
Strategy A (Focus resources on quality youth engagement, enrichment and education
programs through community center, libraries and after -school programs during out -of -
school hours), and Strategy B (Expand the youth sports program so that youth
recreational opportunities are established year-round);
• Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4
(Support neighborhood vitality and livability), Strategy D (Implement new Neighborhood
Improvement Initiatives focusing on residential areas that have been adversely affected by
disinvestment and decline. Program and services from a variety of resources will be
75B-5
Public Hearing - Fiscal Year 2019 — 2020 CDBG Program
June 4, 2019
Page 6
utilized to achieve positive and sustainable improvements), and Objective #6 (Focus
projects and programs on improving the health and wellness of all residents), Strategy C
(Integrate a variety of health and wellness programs into existing programming at each of
the city's community/recreation centers).
FISCAL IMPACT
Funds will be budgeted and available in the Community Development Block Grant account (nos.
13518780, 13518782, and 13518783) upon execution of a grant agreement between the City and
HUD and adoption of the FY 2019-20 annual budget. It is anticipated that the CDBG allocation
will be expended as follows:
Grant Year
Accounting Unit
Description
Accounting Unit -
Account No.
Anticipated
Expenditure in FY
Amount
2019
CDBG
Administration
13518780-various
2019-20
$1,140,230
2019
CDBG Housing
13518782-various
2019-20
$635,000
2019
CDBG Programs
13518783-various
2019-20
$3,925,924
2018
CDBG Programs
13518783-various
2019-20
$275,039
2014-2018
CDBG Programs
13518783-various
2019-20
$1,170,493
TOTAL:
$7,146,686
-2�� 1\41
Steven A. Mendoza
Executive Director
Community Development Agency
APPROVED AS TO FUNDS AND ACCOUNTS:
Kathryn Downs, CPA
Executive Director
Finance and Management Services Agency
Exhibits: 1. CDBG Program Funding Plan and Program Summaries
2. CRHC Nonprofit Funding Recommendations
3. Summary of Nonprofit Applications
4. City Agency Memorandum of Understanding Template
5. Nonprofit Agreement Template
6. Santa Ana Work Center and Nonprofit Memorandum of Understanding Template
75B-6
EXHIBIT 1
PROGRAM
APPROVED
REQUESTED APPROVED
FY 18-19
FY19.20 FY 19-20
ADMINISTRATION & PLANNING
$
1,163,391
$
1,140,230
Administration and Planning
1,101,150
1,080,230
Fair Housing
62,241
60,000
CODE ENFORCEMENT
$
815,644
$
790,664
Community Preservation Code Enforcement
765,684
765,664
Community Preservation Legal Services
49,980
25,000
ECONOMIC DEVELOPMENT
$
72,926
$
72,926
New Business Start -Up
72,926
72,926
NONPROFIT PUBLIC SERVICES
$
872,543
$
872,543
Achievemnet Institute of Scientific Studies
-
-
ALBI
61,557
America on Track
45,000
45,000
Boys B Girls Club of Santa Ana
-
40,000
Charitable Ventures of OC
-
30,000
Community Action Padnerships
30,000
Community Health Initiative Orange County
38,499
30,000
Court Appointed Special Advocates
-
30,000
Deihl Center (Family Economic Success Initiative)
71,568
93,205
Delhi Center (Teens Engaged In Learning and Leadership)
58,776
68,461
Delhi CenterlALBI
-
61,557
Heritage Museum of Orange County
-
31,320
Legal Aid Society of OC(Clean Slate Project)
44,227
-
LegalAidSocietyofOC(Domestic Violence Prevention Project)
36,374
38,000
Lutheran Social Services of So. Cal.
-
30,000
Nati's House (dba Neutral Ground) SNL
51,959
60,000
Nati's House (dba Neutral Ground)
45,865
-
OCChlldren's Therapeutic Ads Center
59,609
70,000
Public Law Center (Consumer)
35,807
30,000
Public Law Center (Housing)
37,084
30,000
Pure Game
-
-
Santa Ana Xtrems
-
-
Second Chance Orange County
30,000
50,000
Taller San Jose Hope Builders
49,125
30,000
The Cambodian Family
43,459
45,000
The Chrysalis Center
-
The Illumination Foundation
48,559
-
WISEPlace
39,066
-
Young Men's Christian Association of Orange County
30,000
CITY CAPITAL IMPROVEMENTS
$
1,892,455
$
3,635,323
Park Improvements
921,227
1,435,000
Residential Street and lnfrastructural Improvements
921,228
2,150,323
Neighborhood Sponsored Improvements
50,000
50,000
HOUSING
$
1,000,000
$
635,000
Single Family Rehab -City
650,000
300,000
Multi Family Rehab
150,000
175,000
Homebuyer Down Payment Assistance
200,000
160,000
TOTAL
$
5,816,959
$
7,146,686
CDBG ALLOCATION $ 5,816,969 $ 5,701,154
CDBG ANTICIPATED PROGRAM INCOME $ - $ 275,039
CDBG RE -ALLOCATION -AVAILABLE $ - $ 1,170,493
SURPLUS/(DEFICIT)
ADMINISTRATION CAP 20 % OF ALLOCATION
ADMINISTRATION PROPOSED
SURPLUS/(DEFICIT)
PUBLIC SERVICE CAP 15%OF ALLOCATION
PLUS PROGRAM INCOME NOT TO EXCEED 15%
PUBLIC SERVICE PROPOSED
SURPLUS/(DEFICIT)
$ - $ 0 $
$ 1,163,391 $ 1,140,231
$ 1.163,391 $ 1,140,231
$ (0) $
$ 872,543 $ 872,543
$ 872,643 $ 872,543
$ - $ $
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CRHC Nonprofit Funding Recommendations
CDBG FY 2019-20 EXHIBIT 2
CRHC
Applicant Requested
Applicant Minimum
CRHC
Evaluation Score
Organization Name
Funding
Requested
Recommended
Program
Funding
Application Funding
89.20%
Public Law Center-
$50.000.00
$30,000.00
$30,000.00
Community Development Housing Program
88.40%
America on Track-
$74,778.00
$45,000.00
$45,000.00
Brijhter Futures for Children of Prisoners
87.80%
Community Health Initiative Orange County -
$%000.00
$30,000.00
$30,000.00
Community Health Access Pro ram
87.80%
Taller San Jose Hope Builders -
$75,000.00
$30,000.00
$30,000.00
Business Applications
87 20%
Legal Aid -
$55,736.00
$38,000.00
$38,000.00
,Domestic Violence
87.00%
Orange CountyChildren'sTherapeuticArtsCenter-
$75,000.00
$70,000.00
$70,000.00
Willard Neighborhood Crime Prevention and Intervention
86.60%
Delhi Center-
$74,441.00
$68,461.00
$68,461.00
Teen. Engaged in Learning and Leadership TELL
86.20%
DelhiCenterlALBI-
$65,210.00
$61,557.00
$61,557.00
School Break Enrichment Program
85.60%
The Cambodian Family-
$75,000.00—
$45,000.00
$45,000.00
Plan Ahead Youth Program
85.50%
Charitable Ventures of Orange County -
$30,260.00
$30,000,00
$30,000.00
Summer Night Lights
85.00%
Delhi Center/CIELO-
$125,985.00
$93,205.00
$93,205.00
Family Economic Success Initiative
83.80%
Court Appointed Special Advocate-
$50,000.00
$30,000.00
$30,000.00
Transitional Age Youth Program
83.80%
Nati's House Neutral Ground -
$75, UI)
$60,000.00
$60,000.00
Summer Night Lights
81.00%
Public Law Center-
$50,000.00
$30,000.00
$30,000.00
Community Development Consumer and Organizations Program
78 20%
Boys & Girls Club -
$65,000.00
$40,000.00
$40,000.00
Colle a Bound
77.40%
Lutheran Social Services of Southern California -
$75,000.00
$30,000.00
$30,000.00
Victims Intervention Program
77.00%
YMCA of OC -
$75,000.00
$30,000.00
$30,000.00
YMCA Financial Assistance Program
76.80%
Second Chance Orange County-
$60,000.00
$50,000.00
$50.000.00
More Second Chances
76.20%
Community Action Partnership of Orange County-
$75,000.00
$30,000.00
$30,000.00
Economic Empowerment -YourMone Your Goals
73 20%
Heritage Museum of Orange County -
$49,000.00
$45,000.00
$31,320.00
75.60%
*(3)Nati'sHouse -
$75,000.00
$50,000.00
$0.00
Neutral Ground
73.00%
*(2)SanteAna Xtreme -
$65,000.00
$30,000.00
$0.00
Santa Ana Xtreme Softball
7240%
*(1)WisePlace-
$4,500.00
$30,000.00
$0.00
Steps of Independence
72.40%
Achievement Institute of Scientific Studies -
$33,355.00
$33,355.00
$0.00
STEM and Wellness Program
70.40%
Legal Aid •
$45,240.00
$40,000.00
$0.00
Clean Slate
64.60%
Pure Game •
$44,000.00
$30,000.00
$0.00
STAR Sports
61.60%
The Chrysalis Center-
$75,000.00
$30,000.00
$0.00
Ch salis of Orange Count Employment Program
* CRIlCrecommended the minimum funding request amount for the first 19 organizations. The remaining funds were offered to & accepted by
Heritage Museum. If enough additional HUD funding is received to fund additional organizations, CRHC recommended funding in the following
order: 1) WisePlace 2)5anta Ana Xtreme and 3)Nati's House Neutral Ground.
Fair Housing Funding CRHC Recommendations**
services are not subject to the CDBG Program 15%public service ca .
75�-13
75B-14
EXHIBIT 3
Summary of Community Development Block Grant Nonprofit Applications
FY 2019-2020
Public Law Center
Santa Ana Community Development Housing Program
PLC provides legal assistance and education to Santa Ana residents who are experiencing
housing instability and reside in poorly operated and maintained mobile home parks and
apartments. PLC supports neighborhood vitality and livability through advocacy for affordable
and habitable dwellings.
Proposed number to be served: 60
Rank: 1 CRHC Recommendation: $30,000
Score: 87.00% Funding Request: $50,000
Strategic Plan Alignment: 5, 4d Minimum Funding Request: $30,000
America On Track
Brighter Futures for Children of Prisoners
Children of prisoners deserve the chance to discover a brighter future, which is why America
On Track provides them with trained, caring mentors, STEM workshops, a "College is For Me
Too!" camp, free books, and special outings, as well as nutrition seminars and wraparound
services for the families.
Proposed number to be served: 300
Rank: 2 CRHC Recommendation: $45,000
Score: 88.40% Funding Request: $74,778
Strategic Plan Alignment: 2, 2a Minimum Funding Request: $45 000
Community Health Initiative of Orange County
Community Health Access Program
CHIOC helps City of Santa Ana residents to access health and social service programs by
providing outreach, education, enrollment, and case management services to vulnerable
populations. We strive to ensure that clients acquire, retain, and utilize community resources
effectively.
Proposed number to be served:1500
Rank: 3 CRHC Recommendation: $30,000
Score: 87.80% Funding Request: 60,000
Strategic Plan Alignment: 5, 6d Minimum Funding Request: 30,000
Taller San Jose Hope Builders
Business Applications
In partnership with Santa Ana College (SAC), Hope Builders' business applications program
will create economic opportunity for 22 disadvantaged Santa Ana youth by providing them hard
skills training in business administration, and life skills support to advance their education and
find a job.
Proposed number to be served: 22
Rank: 4 CRHC Recommendation: $30,000
Score: 87.80% Funding Request: $75,000
Strategic Plan Alignment: 2, 4a Minimum Funding Request: $30,000
75B-15
Summary of Community Development Block Grant Nonprofit Applications
FY 2019-2020
Legal Aid Society of Orange County
Domestic Violence Prevention Project
The Legal Aid Society of Orange County (LASOC) will provide free, holistic legal assistance
to Santa Ana survivors of domestic violence to help them escape abuse and break the cycle
of violence. Priority is given to service in the areas of family law, immigration, and healthcare
advocacy.
Proposed number to be served: 40
Rank: 5 CRHC Recommendation: $38,000
Score: 87.20% Funding Request: $55,736
Strategic Plan Alignment: 1 6f Minimum Funding Request: $38,000
Orange County Children's Therapeutic Arts Center
OCCTAC/Willard Neighborhood Crime Prevention & Intervention Program
Orange County Children's Therapeutic Arts Center (OCCTAC) proposes to continue our
Willard Crime Prevention & Intervention Program to provide youth and their parents life -
changing opportunities through: 1) Arts enrichment, 2)Therapeutic Arts, 3)Family Counseling,
4)Parenting, & 5)Academic Support.
Proposed number to be served: 200
Rank: 6 CRHC Recommendation: $70,000
Score: 87.00% Funding Request: $75,000
Strategic Plan Alignment: 2 2a Minimum Funding Request: $70 000
Delhi Center
Teens Engaged in Learning and Leadership (TELL)
A leadership development program that trains teens to take an active role in designing and
implementing educational and team building activities in their community that teach younger
children about gang prevention, problem solving, conflict resolution, avoiding risk and making
safe choices.
Proposed number to be served:125
Rank: 7 CRHC Recommendation: $68,461
Score: 86.60% Funding Request: $74,441
Strategic Plan Alignment: 2 2a Minimum Funding Request: $68,461
Delhi Center/ALBI
School Break Enrichment Program
A leadership development program that trains teens to take an active role in designing and
implementing educational and team building activities in their community that teach younger
children about gang prevention, problem solving, conflict resolution, avoiding risk and making
safe choices.
Proposed number to be served: 150
Rank: 8 CRHC Recommendation: $61,557
Score: 86.20% Funding Request: $65,210
Strategic Plan Alignment: 2 2a Minimum Funding Request: $61,557
75B-16
Summary of Community Development Block Grant Nonprofit Applications
FY 2019-2020
The Cambodian Family
Plan Ahead Youth Program
PAYP will help Santa Ana's low-income youth and parents from immigrant families thrive in
the areas of academics, leadership and parenting skills so that they are able to be engaged in
more positive afterschool activities, stay off streets, and avoid destructive or gang related
activity.
Proposed number to be served: 114
Rank: 9 CRHC Recommendation: $45,000
Score: 85.60% Funding Request: $75,000
Strategic Plan Alignment: 2, 2a Minimum Funding Request: $45,000
Charitable Ventures of Orange County (Summer Night Lights Project)
Getting Residents Engaged in Exercise and Nutrition
We propose to expand our GREEN program to host a Summer Night Light program. GREEN
is a place -based wellness and learning program at James Madison Elementary. It provides
health, education, community, and leadership opportunities for residents specifically in the
form of health and wellness workshops and programming.
Proposed number to be served: 1200
Rank: 10 CRHC Recommendation: $30,000
Score: 85,50% Funding Request: $30,260
Strategic Plan Alignment: 5, 6d Minimum Funding Request: $30,000
Delhi Center/CIELO
Family Economic Success Initiative (FES)
A collaborative case management strategy to help low-income families fill vocational,
educational, and financial service gaps, so they can make better decisions to earn more, keep
more of what they earn, and move up the economic ladder.
Proposed number to be served: 100
Rank: 11 CRHC Recommendation: $93,205
Score: 85.00% Funding Request: $125,985
Strategic Plan Alignment: 3, 5c Minimum Funding Request: $93,205
Court Appointed Special Advocate (CASA of Orange County)
Transitional Age Youth Program
CASA-OC's new TAY Program serves Orange County's most at -risk foster youth, ages 16-21.
As most of these youth have spent the majority of their childhood in foster care, without any
consistent adult guidance, they are in danger of leaving the system without an education, job
or place to live.
Proposed number to be served: 115
Rank: 12 CRHC Recommendation: $30,000
Score: 83.80% Funding Request: $50,000
Strategic Plan Alignment: 2, 2a Minimum Funding Request: $30,000
75B-17
Summary of Community Development Block Grant Nonprofit Applications
FY 2019-2020
Nati°s House Neutral Ground (Summer Night Lights Project)
Summer Night Lights
Neutral Ground will provide Summer Night Lights for 40 nights during the summer. Parks and
recreation centers will be open late so that families can enjoy safe spaces, meet neighbors,
find new opportunities and resources, and create relationships with the City and County
agencies that serve them.
Proposed number to be served: 200
Rank: 13 CRHC Recommendation: $60,000
Score: 83.80% Funding Request: $75,000
Strategic Plan Alignment: 2 2a Minimum Funding Request: $60 000
Public Law Center
Santa Ana Community Development Consumers and Organizations Program
PLC provides cradle through retirement legal services to Santa Ana low-income residents to
spur economic development by helping clients, keep their hard earned money; and helping
clients develop child and dependent care, and home kitchen businesses that will expand the
local workforce.
Proposed number to be served: 60
Rank: 14 CRHC Recommendation: $30,000
Score: 81.00% Funding Request: $50,000
Strategic Plan Alignment: 3 5c Minimum Funding Request: $30,000
Boys & Girls Club of Santa Ana
College Bound
College Bound provides at -risk Santa Ana teens with academic instruction and mentors to help
graduate high school on time, prepare for secondary education, technical school, or military
and set career goals; this also prevents teens from engaging in activities that could otherwise
derail their path.
Proposed number to be served: 100
Rank: 15 CRHC Recommendation: $40,000
Score: 78.20% Funding Request: $65,000
Strategic Plan Alignment: 2, 4a Minimum Funding Request: $40,000
Lutheran Social Services of Southern California (LSSSC)
Victims Intervention Program (VIP)
The Victims Intervention Project (VIP) will provide women who are victims of crime with
evidence -based recovery services — direct mental health services, rental assistance,
hotel/motel vouchers, intensive case management, transportation, life skills training and other
supportive services.
Proposed number to be served: 250
Rank: 16 CRHC Recommendation: $30,000
Score: 77.40% Funding Request: $75,000
Strategic Plan Alignment: 5 4d Minimum Funding Request: $30,000
75B-18
Summary of Community Development Block Grant Nonprofit Applications
FY 2019-2020
Young Men's Christian Association of Orange County
YMCA Financial Assistance Program - Santa Ana Programs
We would like to request CDBG funding to provide Financial Assistance to low income, very
low, and extremely low-income participants wishing to enroll in our Santa Ana Sports &
Aquatics programs (soccer, swim, dodgeball, fitness programs) and Santa Ana After -School
Programs.
Proposed number to be served: 210
Rank: 17 CRHC Recommendation: $30,000
Score: 77.00% Funding Request: $75,000
Strategic Plan Alignment: 3, 5c Minimum Funding Request: $30,000
Second Chance Orange County
More Second Chances
SCOC provides individualized services to SA residents recovering from alcohol and substance
abuse, often homeless, who seek stable, sustainable lives. Residents seeking an end to
dependency will gain career training, mentoring, support in job placement and ongoing follow-
up.
Proposed number to be served: 30
Rank: 18 CRHC Recommendation: $50,000
Score: 76.80% Funding Request: $60,000
Strategic Plan Alignment: 1, 6f Minimum Funding Request: $50 000
Community Action Partnership of Orange County
Economic Empowerment - Your Money, Your Goals
Economic empowerment services for low-income adults and youth in and around Santa Ana;
workshops include Your Money Your Goals curriculum, which covers banking, spending plans,
and money management by providing tools for participants to develop habits to increase their
financial wellbeing.
Proposed number to be served: 112
Rank: 19 CRHC Recommendation: $30,000
Score: 76.20% Funding Request: $75,000
Strategic Plan Alignment: 3, 5c Minimum Funding Request: $30,000
Heritage Museum of Orange County
The Borrowing Barn
The Borrowing Barn will serve as a tool library, time bank, seed library, and DIY
educational/community center for the surrounding area.
Proposed number to be served: 1350
Rank: 20 CRHC Recommendation: $31,320
Score: 73.20% Funding Request: $49,000
Strategic Plan Alignment: 3, 5c Minimum Funding Request: $45 000
E1
75B-19
Summary of Community Development Block Grant Nonprofit Applications
FY 2019-2020
Nati's House Neutral Ground
Neutral Ground
Nati's House Neutral Ground provides after school programming and mentoring to youth:
focusing on violence prevention, gang intervention, restorative practices, mentoring, and drug
and alcohol prevention. Neutral Ground also provides street outreach and programming for
parents and community.
Proposed number to be served: 125
Rank: 21 CRHC Recommendation: $0
Score: 75.60% Funding Request: $75,000
Strategic Plan Alignment: 2 2a Minimum Funding Request: $50,000
Santa Ana Xtreme
Santa Ana Xtreme Softball
Develop female athletes as future civic
important life lessons through softball.
atmosphere of community participtation.
financial scholarships.
Proposed number to be served: 75
Rank: 22
Score: 73.00%
leaders. Teach self-discipline, hard teamwork &
Providing a healthful activity & training in an
Help them with: college recruitment/admission and
CRHC Recommendation: $0
Funding Request: $65,000
Strategic Plan Alignment• 2 2b Minimum Funding Request: $30 000
WISEPIace
Steps of Independence
WISEPIace transitional housing, trauma -informed
tools to move women from homeless to safe and
children and families.
Proposed number to be served: 40
Rank: 23
care and wrap -around services provide the
affordable housing, reuniting them with their
CRHC Recommendation: $0
Score: 72.40% Funding Request: $45,100
Strategic Plan Alignment 5 4d Minimum Funding Request $30 000
Achievement Institute of Scientific Studies
Achievement Institute of Scientific Studies STEM and Wellness Program
Achievement Institute of Scientific Studies STEM and Wellness Program bridges the student
learning gap during transition from middle to high school for Santa Ana students from low
income households by providing academic support, cultural enrichment, and wellness to
support well rounded students.
Proposed number to be served: 95
Rank: 24 CRHC Recommendation: $0
Score: 72.40% Funding Request: $33,355
Strategic Plan Alignment: 2 2a Minimum Funding Request: $33,355
75B-20
Summary of Community Development Block Grant Nonprofit Applications
FY 2019-2020
Legal Aid Society of Orange County
Clean Slate Clinic
The Clean Slate Clinic will provide free legal assistance to help Santa Ana residents expunge
their criminal records as way of opening avenues to employment and reducing criminal
recidivism.
Proposed number to be served: 100
Rank: 25 CRHC Recommendation: $0
Score: 70.40% Funding Request: $45,240
Strategic Plan Alignment: 1, 6f Minimum Funding Request: $40,000
Pure Game
STAR Sports
We provide schools a sports -based youth development program. We focus on creating a safe,
positive, inclusive environment allowing a higher number of kids to participate and experience
our character education and leadership curriculum. Our curriculum helps children make better
quality life choices.
Proposed number to be served: 1400
Rank: 26 CRHC Recommendation: $0
Score: 64.60% Funding Request: $44,000
Strategic Plan Alignment: 2, 2b Minimum Funding Request: $30,000
The Chrysalis Center
Chrysalis Orange County Employment Program
The Chrysalis Orange County Employment Program is dedicated to creating a pathway to self-
sufficiency for homeless and low-income individuals by providing the resources and support
needed to find and retain employment.
Proposed number to be served: 45
Rank: 27 CRHC Recommendation: $0
Score: 61.60% Funding Request: $75,000
Strategic Plan Alignment: 1, 6f Minimum Funding Request: $30,000
Orange County Fair Housing Council, Inc (dba Fair Housing Council of Orange County)
Santa Ana Fair Housing Education, Counseling and Enforcement
Serving both housing consumers and providers with fair housing education, counseling and
enforcement services to combat housing discrimination, combined with landlord -tenant
counseling. Fair housing activities assist Santa Ana in certifying to FIUD that it is "affirmatively
furthering fair housing".
Proposed number to be served: 98
Rank: N/A CRHC Recommendation: $60,000*
Score: N/A Funding Request: 66,000
Strategic Plan Alignment: 5, 4d Minimum Funding Request: 60,000
*Fair Housing project funding is from Administrative cap and does not impact Public Service funding.
75B-21
75B-22
EXHIBIT 4
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA
AND CITY AGENCY FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Memorandum of Understanding is hereby made and entered into this 1st day of July, 2019, by
and between the City of Santa Ana, a charter city and municipal corporation organized and existing tinder
the Constitution and laws of the State of California ("CITY"), and CITY AGENCY of the City,
("SUBRECIPIENT").
RECITALS:
A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and
Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program,
Catalog of Federal Domestic Assistance (CFDA) Number 14,219, and Federal Award Identification Number
(FAIN) B-19-MC-06-0508 , desires to enter this Agreement with the SUBRECIPIENT for the expenditure of
CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
("CDBG REGS").
B. CITY has applied for and received CDBG fiends from HUD pursuant to Title I of the Housing and
Community Development Act of 1974, Public Law 93-383, as amended ("ACT").
C. The SUBRECIPIENT has been selected by the CITY to receive CDBG funds and administer such
financial assistance, and to provide the services described in Exhibit A, in accordance with the schedule of
performance included therein, hereinafter referred to as "said program". SU13RECIPIENT represents that it
is qualified and willing to operate said program and certifies that the activities carried out with funds provided
under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part
570.208).
D. SUBRECIPIENT agrees that it. will adhere to the performance measurements and outcomes as
indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the
stated outcomes may constitute breach of contract that could result in termination of this Agreement or
serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this
Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive
part of this Agreement and the following terms and conditions are approved and together with all exhibits and
attachnnents hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT:
L SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
(a) Authority. SUBRECIPIENT is in good standing and authorized to do business tinder the
laws of the State of California. SU13RECIPIENT has full right, power and lawful authority to accept the
funding hereunder and to undertake all obligations as provided herein and the execution, performance and
delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the
part of SUBRECIPIENT.
(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
75B-23
(c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT
warrants that (i) it has thoroughly investigated and considered the services to be performed and provided
hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully
understands the facilities, diffleulties and restrictions attending performance of the services under this
Agreement.
(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution,
delivery and performance of its obligations under this Agreement will not constitute a default or a breach
under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy
proceeding.
(f) No Pending Legal Proceedings, SUBRECIPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this
Agreement.
(g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S
application for funding_ submitted to CITY including any exhibits are true and correct in all material
respects.
(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current
or threatened criminal or civil action investigation by any public agency, including without limitation a
police agency or prosecuting authority, that would relate to affect performance of the Agreement or
provision of services hereunder.
B. Amount of GrantiTeni and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $00,000 ("CDBG FUNDS"), for the term of July 1, 2019 through June 30, 2020.
Such funds shall be expended by SUBRECIPIENT on or before June 30, 2020. The Term of this
Agreement may be extended by a writing executed by the City Manager, or his or her designee, and the
City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a quarterly basis
subject to and upon receipt and approval of it complete quarterly activity report from SUBRECIPIENT,
with the final payment subject to the satisfaction of the condition precedent of subnxittal of complete
reporting information due on or before July 15 of the applicable funding year, as hereinafter more fully
set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond
the term, including, but not limited to, obligations with respect to indemnification, audits, reporting,
data retention/reporting, and accounting. Failure to provide any of the required documentation and
reporting will cause CITY to withhold all or a portion of a request for reimbursement, or return the entire
reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received
and approved by CITY.
The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates
that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year.
Amendments in the grant allocation will be made after consultation with SUBRECIPIENT.
C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to
SU13RECIPTENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached
hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perform as required may, in
addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is
otherwise obligated to pay to SUBRECIPIENT hereunder.
75B-24
D. Allowable Costs. SUBRECIPIEMF agrees to complete said program on or before June 30,
2020, and to use said funds to pay for necessary and reasonable costs allowable under the federal law and
regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative
costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other
allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by this
reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the
same purposes for which said funds may be expended pursuant to the terms and conditions of this
Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written
approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as
the total budget amount does not increase.
Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall
be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the
Federal government, or, if no such rate exists, the de sninimis indirect cost rate as defined in 2 CFR
§200.414(b) Indirect (F&A) costs.
For this agreement, the de minimis indirect cost rate of 11.6% will apply.
E. . Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT
shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing
requirements include obtainhng a City business license, as applicable.
F. Zoning. SUBRECIPIEW agrees that any facility/property used in furtherance of said
program shall be specifically zoned and pennitted for such use(s) and activity(ies). Should SUBRECIPIENT
fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and
regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance
with local, state or federal miles and regulations following written notification of said violations) from the
CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending
violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in
termination of grant finding hereunder. SUBRECIPIEN'F must snake all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure
to gain compliance within such time shall result in termination of grant finding hereunder.
G. Separation of Accounts. All finds received by SUBRECIPIENT from CITY pursuant to this
Agreement shall be maintained in an account in a federally insured banking or savings and loan institution
with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements.
SUBRECIPIENT is not required to *maintain separate depository accounts for CDBG FUNDS; provided
however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG
FUNDS pursuant to applicable 2 CFR 200.302 requirements.
H. Audit Report Reouiroments. SUBRECIPIENT agrees that if SUBRECIPIENT expends
Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal fiords, SUBRECIPIENT shall have an
annual audit conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY
with a copy of said audit by April 1 of the year following the program year in which this Agreement is
executed.
75B-25
I. Record Keenina/Renorthlg. SUBRECIPIENT shall keep and maintain complete and
adequate records and reports on program participants to determine their initial and continuing eligibility for
the program services being provided to assist CITY in meeting and inaintaining its record keeping
responsibilities under the CDBG BEGS, including the following:
(1) Record
a. Documentation evidencing program income requirements in conformity with 24 CFR
570.504(b((2)(i), (ii) and 24 CFR 570,503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level
of persons and/or families participating in or benefiting by the SUBRECIPIENT program.
b. Documentation of the number of persons and/or families participating in or benefiting
by the SUBRECIPIENT program.
c. Household information shall include number of persons, identification of head of
household, race/ethiicity, and income verification of all household members ages 18 and over.
d. Documentation of all CDBG FUNDS received from CITY.
e. Documentation of expenses as identified in the Budget Proposal, including evidence of
incurring the expense, invoices for goods or services, copies of any and all contracts or
documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for
which CDBG FUNDS were expended, and any payments therefor.
f. Any such other related records as CITY shall reasonably require or as required to be
maintained pursuant to the CDBG REGS.
(2) Reports
a. Payment Request. Concurrently with the submittal of each quarterly report, on or before
the 15th day of October, January, April and July, SU13RECIPIENT shall submit both: an original
invoiceirequcst for reimbursement and true copies of invoices, receipts, canceled checks, bank
statements, credit card statements, procurement documentation for goods or services, timesheets,
payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for
subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS
have been expended during the applicable quarter,
b. Qaarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and
racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its
obligations under this Agreement, including, but not limited to, the number of low and moderate
income persons and households assisted in accordance with federal income limits, the number of
female heads of households assisted, new program information and year-to-date program
statistics on expenditures, caseload and activities. Failure to provide any of the required
documentation and reporting will cause CITY to withhold all or a portion of a request for
reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY,
J. Access to Records. CITY and the United States Governinent and their representatives or
auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's
activities and performance, to books, documents and papers, and the right to examine records of
SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to
75B-26
said program. CITY and the United States Government and their representatives or auditors shall also
schedule on -site monitoring at their discretion. Monitoring activities may also include, but are not limited
to, questioning employees and participants in said program and entering any promises or any site in which
any of the services or activities funded hereunder is conducted or in which any of the records of
SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
K. Location of RecordsJgquired Lenet i of Record Keeping. All accounting records, reports,
and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all
documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office
or place of business for the duration of the Agreement and thereafter for five (5) years from the date of
final payment under this Agreement. Records which relate to (a) complaints, claims, administrative
proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of
this Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or
exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available witllin
the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account are
maintained.
L. Compliance with LawlProgram Inane. SUBRECIPIENT acknowledges that the finds
being provided by CITY for said program are received by CITY pursuant to the ACT as amended and that
expenditures of these funds shall be hi accordance with the ACT and all pertinent regulations issued by
agencies of the federal govermnent, including, but not limited to, all regulations found at Title 24 of the Code
of Federal Regulations, Program income received by SUBRECIPIENT shall be returned to CITY unless
otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and
local laws and court orders applicable to its operation whether or not referred to fit this Agreement.
M. Debarment. To protect the public interest and ensure the integrity of Federal programs,
CITY may only conduct business with responsible persons and may not make any award or permit any
award to any party which is debarred or suspended or is otherwise excluded from or ineligible for
participation in. Federal assistance programs tinder Executive Order 12549, "Debarment and Suspension".
See also 24 CPR 570.609, SUBRECIPIENT must review and sign Exhibit C "Debarment", which is
attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be, in good standing,
without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Sotvice.
Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to
CITY.
N. Confrdeutialit . Without prejudice to any other provisions of this Agreement,
SUBRFCIPIENT shall, where applicable, maintain the confidential nature of information provided to it
concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY and or I -IUD or its representatives, all records requested, including
audit, exanninations, motutoring and verifications of reports submitted by SUBRECIPIENT, costs hncurred
and services rendered hereunder.
O. dependent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered 'us, its capacity as an independent contractor and that it is in no way all agency of CITY.
P. Violation of Terns and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG fluids
were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a
75B-27
disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the
disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in
fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder,
SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent
under fraudulent circumstances.
Q. ^ ui meet. SUBRECIPIENT agrees to maintain a record for each item of non -expendable
personal property acquired under the terns of this Agreement. Said record shall be made available to CITY
upon request. The term "non -expendable personal property" shall include leased and purchased equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.
S. Lob in . SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the
recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency, Member of Congress, or an officer or
employee of a Member of Congress in connection with awarding of any federal contract, the making of any
federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sigh a
certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference
incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any
of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any
sums to SUBRECIPIENT under the terns and conditions of this Agreement.
If any funds other than Federal appropriated fiends have been paid or will be paid to any
person for influencing or attempting to hnfluence 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 a
"Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D).
SUBRECIPIENT shall require that the language of this certification be included in the
award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts tinder
grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all
subrecipients shall similarly certify and disclose accordingly.
T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay
salaries and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to CDBG activities assisted tinder the terns of this Agreement, or who are in a
position to participate in a decision -making process or gain inside innformation with regard to such
activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT,
either for themselves or those with whom they have family or business ties, during their tenure or for one
year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or
elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT.
U. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local
laws and regulations pertahning to labor standards insofar as those acts apply to the performance of this
Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Putt 5. The
6
75B-28
SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available to the CITY for review upon
request.
SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under contracts in excess
of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance
provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to
such contracts and with the applicable requirements of the regulations of the Department of Labor, under
29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to
journey workers; provided that, if wage rates Higher than those required under the regulations are imposed
by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if
any, to require payment of the higher wage. The SUBRECIPIENT shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
V. Section 3 of the Housing and Urban Development Act of 1968. SUBRECIPIENT will make
every effort to provide training opportunities for low -and moderate -income persons residing within the
community where the construction project is located and contracts awarded to local businesses therein to the
greatest extent feasible as required under the provisions of Section 3 of the housing and Urban Development
Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder
prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of
the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT, Failure
to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those
sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists which would prevent compliance with these
requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part
by CDBCI funds shall provide equal employment opportunities for minorities and women.
W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free work place and to
execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference.
X. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards. The following requirements and standards must be complied with: 2 CFR Part 200 et al.
SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of
2 CFR 200.318-326.
Y. Subpart K of 24 CFR 570, SUBRECIPIENT will cant' out its activities in compliance with the
requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's
environmental responsibilities or the responsibility for initiating the environmental review process under 24
CFR Part 52,
Z. Women- and Minority -Owned Businesses (W(MBE) SUBRECIPIENT will use its best
efforts to afford small businesses, minority business enterprises, and women's business enterprises the
maximum practicable opportunity to participate in the perfonnanoe of this Agreement in accordance with
the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business
enterprises, and labor surplus area firms". As used in this Agreement, the terns "small business" means a
business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C.
632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%)
owned and controlled by minority group members or women. For the purpose of this defrritfon,
"minority group members" are African-Arnericans, Spanish-speaking, Spanish surnamed or Spanish-
7
75B-29
heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written
representations by businesses regarding their status as minority and female business enterprises in lieu of
an independent investigation.
H. CITY'S OBLIGATIONS
A. Payment of Funds. On July 1, 2019, the CITY was allocated $5,701,154 for fiscal year 2019-
2020 from the United States Department of housing and Urban Development C IIVU) Community
Development Block Grant ("CDBG') Entitlement Program. CITY agrees to pay to SUBRECIPIENT when,
if and to the extent federal funds are received a sum not to exceed _ Dollars ($00,000) for
SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the
period of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of
invoices/reimbursernent requests.
CITY shall pay such invoiees/reinmbursement requests within thirty (30) days after receipt thereof
provided CITY is satisfied that such expenses have been incurred and documented within the scope and
provisions of this Agreement and that SUBRECIPIENT is in compliance with the terns and conditions of
this Agreement. Failure to provide any of the required documentation and reporting will cause CITY to
withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to
SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY.
Documentation may include; but is not limited to true copies of invoices, receipts, canceled checks, bank
statements, credit card statements, procurement documentation for goods or services, timesheets, payroll
records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors,
and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended
during the applicable quarter.
B. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of
Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to 2 CFR 200,328(a), the CITY Manages the day-to-day operations of
each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program
requirements and monitors grant and subgrant supported activities to assure compliance with Federal
requirements. Such monitoring covers each program, function and activity and performance goals are
reviewed periodically.
D, Enviromnental Review: In accordance with 24 CFR 58, the CITY is responsible for
undertaking environmental review and maintaining eaviromnental review records for each applicable
project.
E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against
goals and performance standards required herein. The SUBRECIPIENT shall be responsible to
accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the
CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact
the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate.
Substandard performance as determined by time CITY will constitute non-compliance with this
Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as
stated in this contract in a satisfactory manner, or if time CITY determines that insufficient supporting
infonnation has been submitted, time CITY shall notify the SUBRECIPIENT in writing of its
determination specifying in Rill detail the objections which it has to the SUBRECIPIENT's performance.
If action to correct such substandard performance is not taken by the SUBRECIPIENT after being
75B-30
notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract
suspension or termination procedures will be initiated.
111. NONDISCRIMTNATLON
A. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the
performance of this Agreement, SUBRECIPIENT agrees not to discrininate against any employee or
applicant for employment because of race, religion, sex, color or national origin. Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
SUBRECIPIENT setting forth die provisions of this nondiscrimination clause.
B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates
that no person shall, on the ground of race, color or national origin, be excluded from participation in, be
denied the benefits of, or be subject to discrimination under any program of activity receiving federal
financial assistance.
C. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin,
age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the
benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by
this Agreement, SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an
otherwise qualified handicapped person as provided for under Section 109 of the Rousing and Community
Development Act of 1974, as amended.
D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that
during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee
or applicant for employment because of age. Such action shall include, but not be 1united to the following:
employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of thus age discrimination clause.
E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which
requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of
his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance or under any program or
activity conducted by any executive agency or by the United States Postal Service.
IV. CONFLICT OF INTEREST
Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112,
SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or
indirect control of any CDBG monics granted to the CITY, inclusive of the subject CDBG FUNDS, shall
serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of
SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing
shall be attached and decnned filly Incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to
CITY regarding any changes or modifications to its board of directors and list of officers.
75B-31
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the
provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR
570.2000):
A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on
the basis of religion and shall not limit employment or give preference in employment to persons on the basis
of religion.
B. SUBRECIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT agrees to provide under the terns of this Agreement on the basis of religion and shall not
limit such services or give preference to applicants for such services on the basis of religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious
worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision
of the services in said program. The parties agree that this covenant is intended to and shall be construed for
the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with
applicable constitutional limitations respecting the establishment of religion as set forth in the estabhshnrent
clause under the First Amendment of the United States Constitution and Article 1, Section 4 of the California
Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT.
D. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols.
E. Where the services to be provided under said program are rendered on property owned by the
primarily religious entity SUBRECIPIENT, CDBG funds may also be used for minor repairs to such property
which are directly related to the cost of rendering the services under said program, where the cost constitutes
in dollar terms only air incidental portion of the CDBG expenditure for rendering the services under said
program.
VI. PROHIBITION OF NEPOTISM
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded
through this Agreement if a member of that persons immediate family is employed in an administrative
capacity by SUBRECIPIENT. For the purposes of this section, the tern "immediate family" means spouse,
child, another, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity"
means having selection, hiring, supervisor or management responsibilities.
VH. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage
prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Community Development Agency (M•25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
10
75B-32
TO SUBRECIPIENT: Agency Contact
Contact Title
CITY AGENCY Department
20 Civic Center Plaza, M-29
Santa Ana, CA 92702
VIIL ASSIGNABILITY
None of the duties of, or work to be perfornied by, SUBRECIPIENT under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY.
SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY.
No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to
this Agreement.
IX. ICED HARMLESS
SUBRECIPIENT shall indermufy, defend and save harness CITY, its officers, employees, agents,
representatives and volunteers from and against any and all damages to or for loss of use of property and for
injuries to or death of any person or persons, includung property and employees or agents of CITY, and shall.
defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers
from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including,
but not by way of limitation, workers componsation claims and including attorney fees and reasonable
expenses for litigation or settlement, resulting from or arising out of the negligent or wrongRll acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, subcontractors and suppliers arising
out of SUBRECIPIENT's performance of this Agreement.
X. Rj§!MANCIC
1. Con2niercial General 1;is hillkv_ SUBRECIPIENT agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive commercial public liability insurance
insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of
or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million
Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or
occurrence, Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and
volunteers, additional insured; and state that such coverage is primary to any other coverage or self-
insurance and CITY. Governmental entities may provide proof of self-insurance,
(a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted
arising out of SUBRECIPIENT's operations hereunder.
(b) SUBRECIPIENT shall: (1) prior to exercising any right under this
Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the
CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not
be materially changed or terminated except on 30 days prior written notice to the CITY; (3) maintain such
insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring
prior to the expiration of this Agreement
I I.
75B-33
2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during
the effective period of this Agreement, broad form, automobile liability coverage with a $1,000,000 limit
unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by
SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that
SU13RECIPIENT will not utilize such owned/leased automobiles but intends to require employees,
participants or other agents to utilize their own automobiles in the performance of this Agreement,
SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as
self -certification of automobile insurance coverage. Governmental entities may provide proof of self-
insurance.
3. Workers' Compensation, If SUBRECIPIENT is an "employer", as set forth in California
Labor Code Section 3300 or seq., or utilizes participants as "employees," as set forth in California Labor
Code Section 3350 et seq„ SUBRECIPIENT shall obtain and keep in force during the term of this
Agreement fall Workers' Compensation insurance coverage for injuries suffered by participants. Said
insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or
modification.
4. Equipment Coverage: SUBRECIPIENT shall purchase a policy or policies of insurance
covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT in
accordance with this Agreement, Said insurance shall be in the amount of the full replacement value
thereof, providing protection against the classification of rite, extended coverage, vandalism, malicious
mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-
insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no
payments under taus Agreement until the required certificates and endorsements have been approved by
CITY.
XI. REVERSION OF ASSET
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG
Rinds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable
to the use of CDBG Rinds. [24 CFR 570.503(b)(7)]
B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in
part with CDBG funds in excess of $25,OOOA0 must either be:
I. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer
period of thrie as detennined to be appropriate by CITY; or
2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to
CITY an aruount equal to the current fair market value of the property less any portion of the value
attributable to the expenditure of non-CDBG funds for acquisition of, or nnprovernent to, the property. Such
payment is program income to CITY,
C. Subject to the obligations set forth herein, title to equipment acquired tinder the terms of this
Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired
in accordance with this Agreement and all applicable regulations is no longer needed for said program,
disposition of said equipment will be made as follows:
12
75B-34
1. Items of equipment with a current per unit fair market value of less than $5,000.00
may be retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or more
may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in
accordance with 2 CFR 200.313(e)(2).
D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and
deliver, or cause any person or entity who may have any claim to rights hereunder or under any document,
instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to
execute, acknowledge and deliver, to CITY assigmnent(s), quit claim deed(s) or such other and further
instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to
vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) fit and to CITY, CDBG or
other federal, state and/or local accounts or program funds or allocation of fiords to which. CITY is or may be
entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of
the performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on
behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBR.ECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF
ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income
shall not be affected by the termination of this Agreement and shall survive the date of termination of this
Agreement for such period of time as CITY and/or IIUD deems necessary for the responsibilities, duties and
obligations to be performed and completed to the satisfaction of CITY and HUD.
XH. TERMIN&TIQN
A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the
event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses
incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for
violation by SUBRECIPIENT of Federal Laws govenning the use of Community Development Block Grant
Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to
reimbursement for approved expenses incurred up to the effective date of suspension or termination.
C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any
of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice
to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to
be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is
cured before the effective date of termination stated it such notice. If terminated for cause, CITY shall be
relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof
including the payment of money, except for payment for approved expenses incurred for services
satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for
reimbursement of (1) any payments made for services not subsequently performed in a timely and
satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of fiends under this Agreement may be terminated for convenience by either the CITY
or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of portion termination, their portion to b termhnated, however, if in the case of a partial
13
75B-35
termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for
with the award was made, the CITY may terminate the award in its entirety.
E. The grant of funds under this Agreement may be terminated due to the non-performance of
SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described hn Exhibits A and B or
faike to meet the performance standards and program goals set forth therein.
F. In the event this Agreement is tern -rated as set forth in subparagraphs XII.A. through XII.E.,
inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any
adjudication of SUBRECIPIENT's rights, any and all fluids not used, and to comply with paragraph "XI.
REVERSION OF ASSETS" of this Agreement.
XIII. LEWTATIM OF FUNDS
The United States of America, through FIUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY
reserves the right to revise this Agreement in order to take account of actions affecting HUD program
funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget
of this Agreement as a whole or as to costs category, inay limit the rate of SUBRECIPIENT's authority to
commit and spend funds, or may restrict SUBRECIPIENT's use of both its umconnnitted and its unspent
funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a
cost category, with respect to funding for this Agreement, CI'IY's City Manager or delegate is authorized to
act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the
Agreement for such purposes, If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to
(to -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of
this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention
to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions
made by CITY affect expenditures and legally binding commitments made. by SUBRECIPIENT before it
received notice of such revision, provided that such amounts have been committed in good faith and are
otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.
XIV. EXCLiLSIVITY AND AMENDMENT OF AGRPGME
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the
covenants and agreements between the parties with respect to such employment in any marmer whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in
writing and signed by both CITY and SUBRECIPIENT.
XV. SAWS G()VERNINC THIS AGRI FYIFNT
This Agreement shall be. governed by and construed in accordance with the laws of the State of
California, and all applicable federal laws and regulations.
XVI. CLOSE-OUT
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343,
including the following:
14
75B-36
1. SUBRECIPIENT trust submit, no later than ninety (90) calendar days after the end
date of the period of performance, all financial, performance, and other reports as required by the
terms and conditions of the Federal award;
2. Unless the CITY authorizes an extension, SUBRECIPIENT trust liquidate all
obligations incurred under the Federal award not later than ninety (90) calendar days after the
end date of the period of performance as specified in the terms and conditions of the Federal
award;
3. SUBRECIPIENT must promptly refund any balances of imobligated cash that the
CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345);
4. SUBRECIPIENT must account for any real and personal property acquired with
Federal funds or received from the Federal govenunent in accordance with 2 CFR §§200.310-
200.316 and 200.329; and,
5. The CITY should complete all closeout actions for the Federal award no later than one
year after receipt and acceptance of all required final reports.
XVII. VALiDITYAND EVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement. Whenever possible, each provision of this
AGREEMENT shall be interpreted in such manner as to be effective and valid tinder applicable
law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under
applicable law, such provision shall be ineffective only to the extent of such prohibition or
invalidity, without invalidating the remainder of such provisions of this AGREEMENT.
XVUL WAIV1gR
No delay or omission by either party hereto to exercise any right or power accruing upon any
noncompliance or default by the other party with respect to any of the terms of this Agreement shall
impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties
hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be
construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or
agreement herein contained.
1 i KS4, 1F.YIITai,a lleS►i-D[ilif<l�iZ�
a. Each undersigned represents and warrants that its signature herein below has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indennrify CITY
fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that
such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if
Ailly set forth in the body of this Agreement.
(Signatures on following page)
15
75B-37
IN WHNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year
written below,
ATTEST:
NORMA MITRE
Acting Cleric of the Council
APPROVED AS TO FORM:
SONIA R. CARVALIIO
Caorney-J,
By: ODGE
Assis an City Attorney
RECOMMENDED FOR APPROVAL:
STEVEN MENDOZA
Executive Director
Corrununity Development Agency
16
75B-38
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
5UBRECIPIENT:
NAME
Title
Tax ID:00-0000000
DUNS#: 000000000
City of Santa Ana CDDG Scope of Work
Program Year 2019.20 (July 1, 2019 - June 30, 2020)
Name of Organization Organization Name
Name of Funded Program Program Name
Annual Accomplishment Goal
Schedule of Performance
Unduplicated
(estimated)
Quarter 1: JUL 1 - SEP 30
Quarter 2: OCT 1 - DEC 31
Quarter 3: JAN 1 - MAR 31
Quarter 4: APR 1 -JUN 30
contract period.
I I Low Income Participants 0%
Estimated
Invoicing
IVRT-39
FISCAL YEAR 2019-2020
PROGRAM BUDGET
Organization Name Organization Name
Program Name Program Name
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:
Category
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$0
$0
Program Staff Salaries
$0
$0
Contractual/ProfessionalServices
$0
$0
o
$0
$0
o
$D
$0
0
$0
$0
o
$0
$0
0
$0
$0
0
$o
$o
0
$0
$0
TOTAL Direct Costs
$0
$0
$0
$0
Indirect Costs 10%
$0
$0
TOTALBUDGET
$0
$0
$0
$0
* indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect
cost rate, will charge a de minimis rate of 10% of modified total direct
costs.
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR2019-2020
Funding Source Total must equal Program Budget Total listed above.
FUNDING SOURCE AMOUNT
Santa Ana CDBG
TOTAL $
1
2019.2020 CDBG BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary
CDBG Funds
Requested
Description
PROGRAM STAFF
Position Title
Annual Salary
CDBG Funds
Requested
Description
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract
Amount
CDBG Funds
Requested
Description
OTHER LINE ITEMS
Line Item
Program
Amount
CDBG Funds
Requested
Description
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26,1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
(2) Where the prospective recipient of federal assistance fiords is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Name and Title of Authorized Representative
Date
EXHIBIT C
Page 1 of 2
75B-42
INSTRUCTIONS FOR CERTIFICATIQN
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide inunediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The teens 'covered transaction," "debarred," "suspended," 'ineligible," "lower tier covered
transaction", "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of federal assistance frmds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
fiom the covered transaction, unless it ]snows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the List Q£Parties Excluded from Procurement or Non -
Procurement Programs.
B. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded fiom participation in this transaction, in
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.
EXHIBIT C
Page 2 of 2
75B-43
Certification Regarding Lobbying
Certification for Contracts Grants, Loans and Cooperative Agreenetrts
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 any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in confection with the awarding of any Federal
contract, the malting of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any fluids other than Federal appropriated finds 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
Forth 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 subcontract, 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.
Grantee/Comaotor Organization Program Tithe
Dame of Certifying Officer Signature Date
EXI3IBIT D
Page I of 2
75B-44
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Pail 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C, Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects ftmded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S enviromnental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT D
Page 2 of 2
75B-45
Certification Regarding Drug -Free Workplace Regulrements
The certification set out below is a material representation upon which reliance Is placed
by the U.S. Department of Housing and Urban Development in awarding the grant, If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace; ,
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
(a) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
EXHIBIT E
Page 1 of 3
75B-46
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
S. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if It is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised "Place of
Performance" form.
Organization
Authorized Signature Date
EXHIBIT E
Page 2 of 3
75B-47
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name:
Date:
The Contractor shall insert in the space provided below the slte(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
EXHIBIT E
Page 3 of 3
75B-48
EXHIBIT 5
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
NONPROFIT ORGANIZATION NAME FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement is hereby made arid entered into this 1 st day of July, 2019, by and between the City
of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California ("CiTY"), and Nonprofit Organization Name, a California nonprofit
corporation ("SUBRECIPIENT").
RECITALS:
A. The CITY, as an entitlement recipient and grantee of the United States Department of Housing and
Urban Development ("HUD") Community Development Block Grant ("CDBG") Entitlement Program,
Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number
(FAIN) B-19-MC-06-0508 , desires to enter this Agreement with the SUBRECIPIENT for the expenditure of
CDBG finds in accordance with Title 24, Pant 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
("CDBG REGS").
B. CITY has applied for and received CDBG finds from HUD pursuant to Title I of the Housing and
Community Development Act of 1974, Public Law 93-383, as amcnded ("ACT").
C. The SU13RECIPIENT is a private nonprofit corporation that has been selected by the CITY to
receive CDBG funds and administer such financial assistance; and to provide the services described in
Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred to as "said
program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies
that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG
program's National Objectives (24 CFR Part 570.208).
D. SUBRECIPIENT agrees that it will adhere to the performance. measurements and outcomes as
indicated an Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the
stated outcomes may constitute breach of contract that could result in termination of this Agreement or
serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this
Agreement.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive
part of this Agreement and the fallowing terms and conditions are approved and together with all exhibits and
attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT:
I, SUBRECIPIENT'S OBLIGATIONS
A. Nonprofit Status - Representations and Waraa
(a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation in good
standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has
full right, power and lawful authority to accept the firiding hereunder and to undertake all obligations as
provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has
been fully authorized by all requisite actions on the part of SUBRECIPIENT.
(b) Experience, SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
75B-49
(c) Familiarity With Services Required. By executing this Agreement, SUBRECIPIENT
warrants that (i) it has thoroughly investigated and considered the services to be performed and provided
hereunder, (ii) it has carefully considered how the services should be performed, and (iii) it fully
understands the facilities, difficulties and restrictions attending performance of the services under this
Agreement.
(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution,
delivery and performance of its obligations under this Agreement will not constitute a default or a breach
tinder any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy
proceeding,
(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUBRECIPIENT'S performance tinder this
Agreement.
(g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S
application for funding submitted to CITY including any exhibits are true and correct in all material
respects.
(h) No Pending Investigation. SU13RECIPIENT is not aware that it is the subject of any current
or threatened criminal or civil action investigation by any public agency, including without limitation a
police agency or prosecuting authority, that would relate to affect performance of the Agreement or
provision of services hereunder.
B. Amount of Grant/Tenn and Quarterly Disbursement. The amount granted to
SUBRECIPJENT is $00,000 ("CDBG FUNDS"), for the term of July 1, 2019 through June 30, 2020 for
the program named: XXXX Such funds shall be expended by SUBRECIPIENT on or before June 30,
2020, The Tenn of this Agreement may be extended by a writing executed by the City Manager, or his or
her designee, and the City Attorney. The CDBG FUNDS shall be disbursed by CITY to
SUBRECII'IENT on a quarterly basis subject to and upon receipt and approval of a complete quarterly
activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition
precedent of submittal of complete reporting information due on or before July 0 of the applicable
funding year, as hereinafter more frilly set forth. SUBRECIPIENT shall be obligated to perform such
duties as would normally extend beyond the term, including, but not litnited to, obligations with respect to
indonmifrcation, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the
required documentation and reporting will cause CITY to withhold all or a portion of a request for
reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates
that SUBRECIPIENT's rate of expenditure will result in unspent flints at the end of the program year.
Amendments in the grant allocation will be made after consultation with SUBRECIPIENT,
C. [lse of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to
SUBRECIPMNT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached
hereto and by this reference incorporated hereht. SUBRECIPIENTS failure to perform as required may, in
addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is
otherwise obligated to pay to SUBRECIPIENT hereunder.
75B-50
D. Allowable Costs SUBRECIPIENT agrees to complete said program on or before June 30,
2020, and to use said funds to pay for necessary and reasonable costs allowable under the federal law and
regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative
costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other
allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by this
reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the
same purposes for which said funds may be expended pursuant to the terms and conditions of this
Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written
approval of the CITY's Executive Director of the Community Development Agency, or designee, so long as
the total budget amount does not increase.
Pursuant to 2 CFR §200.331(a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall
be an approved federally recognized indirect cost rate negotiated between the SUBRECIPIENT and the
Federal government, or, if no such rate exists, the de minimis indirect cost rate as defined in 2 CFR
§200,414(b) Indirect (F&A) costs.
For this agreement, the de rninimis indirect cost rate of 10% will apply.
E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT
shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing
requirements include obtaining a City business license, as applicable.
F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and pemnitted for such use(s) and activity(ies). Should SUBRECIPIENT
fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and
regulations relating thereto, SUBRECIPMNC shall immediately make good -faith efforts to gain compliance
with local, state or federal rules and regulations following written notification of said violation(s) from the
CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending
violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in
termination of grant Raiding hereunder. SUBRECIPIENT must make all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure
to gain compliance within such time shall result in termination of grant funding hereunder.
G. Separation of Accounts. All finds received by SUBRECIPIENT from CITY pursuant to this
Agreement shall be maintained in an account in a federally insured banking or savings and loan institution
with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements.
SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided
however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of C:l)BG
FUNDS pursuant to applicable 2 CFR 200.302 requirements.
H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends
Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an
annual audit conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY
with a copy of said audit by April 1 of the year following the program year in which this Agreement is
executed.
1. Record Kee in Renggng. SUBRECIPIENT shall keep and maintain complete and
adequate records and reports on program participants to determine their initial and continuing eligibility for
75B-51
the program services being provided to assist CITY in meeting and maintaining its record keeping
responsibilities under the CDBG REGS, including the following:
(1) Records
a. Documentation evidencing program income requirements in conformity with 24 CFR
570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level
of persons and/or families participating in or benefiting by the SUBRECIPIENT program.
b. Documcntation of the number of persons and/or 'families participating in or benefiting
by the SUBRECIPIENT program.
c. household information shall include number of persons, identification of head of
household, race/ethnicity, and income verification of all household members ages 18 and over.
d. Documentation of all CDBG FUNDS received from CITY,
e. Documentation of expenses as identified in the Budget Proposal, including evidence of
incurring the expense, invoices for goods or services, copies of any and all contracts or
documentation pertaining to costs for subcontractors, plus all other invoices and proof of payment for
which CDBG FUNDS were expended, and any payments therefor.
f. Any such other related records as CrI'Y shall reasonably require or as required to be
maintained pursuant to the CDBG REGS.
(2) Reports
a. Payment Request. Concurrently with the submittal of each quarterly report, on or before
the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original
invoice/request for reimbursement and true copies of invoices, receipts, canceled checks, bank
statements, credit card statements, procurement documentation for goods or services, timeshects,
payroll records, benefit statements, agreements, contracts or documentation pertaining to costs for
subcontractors, and/or other documentation supporting and evidencing how the CDBG FUNDS
have been expended during the applicable quarter.
b, Quarterly Progress Report. SUBRECIPIENT agrees to keep records of all ethnic and
racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its
obligations under this Agreement, including, but not limited to, the number of low and moderate
income persons and households assisted in accordance with federal income linuts, the number of
female heads of households assisted, new program information and year-to-date program
statistics on expenditures, caseload and activities. Failure to provide any of the required
documentation and reporting will cause CITY to withhold all or a portion of a request for
reimbursement, or return the entire reimbursement package to SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
J. &cess to Records. CITY and the United States Government and their representatives or
auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's
activities and perforatrance, to books, documents and papers, and the right to examine records of
SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to
said program. CITY and the United States Government and their representatives or auditors shall also
schedule on -site monitoring at their discretion, Monitoring activities may also include, but are not limited
75B-52
to, questioning employees and participants in said program and entering any premises or any site in which
any of the services or activities funded hereunder is conducted or in which any of the records of
SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or
confidential information as set forth in federal or state law.
K. Location of Records/Required Length of Record Keeping. All accounting records, reports,
and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all
documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office
or place of business for the duration of the Agreement and thereafter for five (5) years from the date of
final payment under this Agreement. Records which relate to (a) complaints, claims, administrative
proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of
this Agreement to which CITY or any other governmental agency takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or
exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within
the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account are
maintained.
L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as intended and that
expenditures of these funds shall be in accordance with the ACT and all pertinent regulations issued by
agencies of the federal government, including, but not limited to, all regulations found at Title 24 of the Code
of Federal Regulations. Program income received by SUBRECIPIENT shall be returned to CITY unless
otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply fully with all federal, state and
local laws and court orders applicable to its operation whether or not referred to in this Agreement.
M. Debarment. To protect the public interest and ensure the integrity of Federal programs,
CITY may only conduct business with responsible persons and may not make any award or permit gray
awardto any party which is dcbarred or suspended or is otherwise excluded.from or ineligible for
participation in Federal assistance programs tinder Executive Order 12549, "Debarment and Suspension".
See also 24 CFR 570.609. SUBRECIPIENT must review and sign Exhibit C "Debarment", which is
attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be ht good standing,
without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service.
Any change in the corporate status or suspension of SUBRECIPIENT shall be. reported immediately to
CITY.
N. Confidentiality. 'Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it
concerning participants in accordance with the requirements of federal and state law. However,
SU13RECIIIIENT shall submit to CITY and or I4UD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
O. IndMendent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contraetor and that it is in no way an agency of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds
were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a
disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the
disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in
75B-53
fraudulent activity to obtain and/or justify expenditure of the CDBG Rinds granted hereunder,
SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent
under fraudulent circumstances.
Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable
personal property acquired under the terns of this Agreement. Said record shall be made available to CITY
upon request. The tern "non -expandable personal property" shall include leased and purchased equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use fiords
provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses,
S. oL bbvine. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated fiords may be expended by the
recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency, Member of Congress, or an officer or
employee of a Member of Congress in connection with awarding of any federal contract, the making of any
federal grant or loan, entering into any cooperative agreement. and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sigh a
certification to that effect. in a fora as set forth in "Exhibit D," attached hereto and by this reference
incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any
of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any
sums to SUBRECIPIENT under the terns and conditions of this Agreement.
If any fiords other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence in 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 subnut a
"Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit D).
SUBRECIPIENT shall require that the language of ties certification be included in the
award documents for all sub -awards at all tiers (including subcontractors, sub -grants, and contracts under
grants, loans, and cooperative agreements), and agrees to take all actions necessary to ensure that all
subrecipients shall similarly certify and disclose accordingly.
T. Financial Interest, SUBRECIPIENT agrees that except for the use of CDBG funds to pay
salaries and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to CDBG activities assisted under the terns of this Agreement, or who are in a
position to participate in a decision -making process or gain inside information with regard to such
activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPIENT,
either for themselves or those with whom they have family or business ties, during their tenure or for one
year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or
elected or appointed official of CITY, or of any designated public agency, or the SUBRRECIPIENT.
U. Labor• Standards. The SUBRECIPIENT agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis -Bacon Act as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and local
laws and regulations pertaining to labor standards insofar as those acts apply to the perfornance of this
Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti-I{ick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The
SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage
75B-54
requirements of this part. Such documentation shall be made available to the CITY for review upon
request.
SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of
residential property containing less than eight (8) units, all contractors engaged under contracts in excess
of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance
provided under this contract, shall comply with Federal requirements adopted by the CITY pertaining to
such contracts and with the applicable requirements of the regulations of the Department of Labor, under
29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to
journey workers; provided that, if wage rates higher than those required under the regulations are imposed
by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT of its obligation, if
any, to require payment of the higher wage. The SU13RECIPIENT shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions meeting the requirements of this
paragraph.
V. Section 3 of the housing and Urban Development Act of 1968. SUBRECIPIENT will make
every effort to provide training opportunities for low -and moderate -income persons residing within the
commiunity where the construction project is located and contracts awarded to local businesses therein to the
greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development
Act of 1968, the regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder
prior to the execution of this Agreement. Compliance with the foregoing requirements shall be a condition of
the federal financial assistance provided under this Agreement and binding on the SUBRECIPIENT. Failure
to fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those
sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIPIENT
certifies and agrees that no contractual or other disability exists which would prevent compliance with these
requirements. SU13RECIPIENT shall make every effort to ensure that all projects funded wholly or in part
by CDBG funds shall provide equal employment opportunities for minorities and women.
W. Drug Free Workplace. SUBRECIPIENT agrees to provide a drug -free work place and to
execute a certification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference.
X. Uniform Administrative Requirements, Cost Principles. and Audit Requirements for Federal
Awards. The following requirements and standards roust be complied with: 2 CFR Part 200 et al.
SU13RECIPIENT shall procure all materials, property, or services in accordance with the requirements of
2 CFR 200.318-326.
Y. Suboart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the
requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT does not assume the CITY's
environmental responsibilities or the responsibility for initiating the environmental review process under 24
CFR Part 52.
Z. Women- and Minority -Owned Businesses &4 IV�3EJ SUBRECIPIENT will use its best efforts
to afford small businesses, minority business enterprises, and women's business enterprises the maximum
practicable opportunity to participate in the performance of this Agreement in accordance with the
requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business
enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a
business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C.
632), and "minority and women's business enterprise" means a business at least fifty-one percent (51 %)
owned and controlled by minority group members or women. For the purpose of this definition,
"minority group members" are African -Americans, Spanish-speaking, Spanish surnamed or Spanish -
heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written
7
75B-55
representations by businesses regarding their status as minority and female business enterprises in lieu of
an independent investigation.
H. CITY'S OBLIGATIONS
A. Payment of Rinds. On July 1, 2019, the CITY was allocated $5,701,154 for fiscal year 2019-
2020 from the United States Department of blousing and Urban Development ("HUD') Community
Development Block Giant (" CDB(T) Entitlement Program. CITY agrees to pay to SUBRECIPIENT when,
if and to the extent federal funds are received a sum not to exceed Dollars ($00,000) for
SUBRECIPIENT'S performance in accordance with the Budget attached hereto as "Exhibit B" during the
period of this Agreement. Payments shall be made to SUBRECIPIENT through the submission of
invoices/reimbursement requests.
CITY shall pay such invoices/reimbursement requests within thirty (30) clays after receipt thereof
provided CITY is satisfied that such expenses have been incurred and documented within the scope and
provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of
this Agreement. Failure to provide any of the required documentation and repotting will cause CITY to
withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to
SUBRECIPIENT, until such documentation and repotting has been received and approved by CITY.
Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks, bank
statements, credit card statements, procurement documentation for goods or services, timesheets, payroll
records, benefit statements, agreements, contracts or documentation pertaining to costs for subcontractors,
and/or other documentation supporting and evidencing how the CDBG FUNDS have been expended
during the applicable quarter.
B. Audit of Agcount. CI"IY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of
Federal Regulations and other applicable federal laws and regulations.
C. Common Rule; Pursuant to 2 CFR 200.328(a), the CITY manages the day -today operations of
each giant and subgrant supported activities. CITY staff has detailed knowledge of the grant program
requirements and monitors grant and subgrant supported activities to assure compliance with Federal
requirements. Such monitoring covers each program, function and activity and performance goals are
reviewed periodically.
D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for
undertaking environmental review and maintaining environmental review records for each applicable
project.
E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against
goals and performance standards required herein. The SUBRECIPIENT shall be responsible to
accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the
CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact
the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate,
Substandard performance as determined by the CITY will constitute. non-compliance with this
Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as
stated in this contract in a satisfactory mariner, or if the CITY determines that insufficient supporting
information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its
determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance.
If action to correct such substandard performance is not taken by the SUBRECIPIENT after being
75B-56
notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract
suspension or termination procedures will be initiated.
FLO
A. SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the
performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or
applicant for employment because of race, religion, sex, color or national origin, Such action shall include,
but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms
of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
SUBRECIPIENT setting forth the provisions of this nondiscrimination clause.
B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates
that no person shall, on the ground of race, color or national origin, be excluded from participation in, be
derded the benefits of, or be subject to discrimination under any program of activity receiving federal
financial assistance.
C. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin,
age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the
benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by
this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an
otherwise qualified handicapped person as provided for tinder Section 109 of the ITousing and Community
Development Act of 1974, as amended.
D. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that
during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee
or applicant for employment because of age. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the
provisions of this age discrimination clause.
E. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which
requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of
his or her disability, be excluded from the participation in, be denied the benefits of; or be subjected to
discrimination under any program or activity receiving federal financial assistance or under any program or
activity conducted by any executive agency or by the United States Postal Service.
IV. CONFLICT OF INTE RUST
Pursuant to the conflict of interest requirements set forth in 24 CPR 570.611 and 2 CFR 200.112,
SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY having direct or
indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG FUNDS, shall
serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of
SUBRECIPIENT shall be fully disclosed hr writing prior to the execution of this Agreement and said writing
shall be attached an([ deemed hilly incorporated as a part hereof. Notice shall be sent by SUBRECIPIENIT to
CITY regarding any changes or modifications to its board of directors and list of officers.
75B-57
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENT[TIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the
provision of the services SUBRECIPIENT shall provide with CDBG funds, in accordance with 24 CFR
570.2000):
A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on
the basis of religion and shall not limit employment or give preference in employment to persons on the basis
of religion.
B. SUBRECIPIENT shall not discriminate against any person applying for the services
SUBRECIPMNT agrees to provide raider the terms of this Agreement on the basis of religion and shall not
limit such services or give preference to applicants for such services on the basis of religion.
C, SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct ally religious
worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision
of the services in said program. The parties agree that this covenant is intended to and shall be construed for
the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with
applicable constitutional limitations respecting the establishment of religion as set forth in the establishment
clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California
Constitution, and is not in any manner intended to restrict other activities of SUBRECIPIENT.
D. The portion of a facility used to provide public services assisted in whole or in part under this
Agreement shall contain no sectarian or religious symbols.
E. Where the services to be provided under said program are rendered on property owned by the
primarily religious entity SUBRECIPIENT, CDBG finds may also be used for minor repairs to such property
which are directly related to the cost of rendering the services under said program, where the cost constitutes
in dollar terns only an incidental• portion of the CDBG expenditure for rendering the services tinder said
program.
VI. PROHIBITION OF NEPOTISM
SUBRECIPIENT agrees not to lure or permit the luring of any person to fill a position fiunded
through this Agreement if a member of that persons immediate family is employed in an administrative
capacity by SUBRECIPIENT. For the purposes of this section, the tern "immediate family" means spouse,
child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepcluld. The tern "administrative capacity"
means having selection, hiring, supervisor or management responsibilities.
VII. QN TICES
Notices to the parties shall, unless otherwise retluested in writing, be sent by U.S. Mail, postage
prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
10
75B-58
TO SUBRECIPIENT: Organization Contact
Address Line I
Address Linen
Address Line 3
VIII. ASSIGNABILITY
None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY.
SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY.
No subcontract or assignment shall temminate or alter the legal obligations of SUBRECIPIENT pursuant to
this Agreement.
IX. HOLD j3,AIt1bII..ESS
SUBRECIPIENT shall indemnify, defend and save harmless CITY, its officers, employees, agents,
representatives and volunteers from and against any and all damages to or for loss of use of property and for
injuries to or death of any person or persons, including property and employees or agents of CITY, and shall
defend, indemnify and save harmless CITY, its officers, employees, agents, representatives and volunteers
from and against any and all claims, demands, suits, actions or proceedings of any kind or nature, including,
but not by way of limitation, workers compensation claims and including attorney fees and reasonable
expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or
omissions of SUBRECIPIENT, its officers, directors, employees, agents, Subcontractors and suppliers arising
out of SUBRECIPIENT's performance of this Agreement.
X. INSURANCE
1. C rmeacial Gemaral Liability. SUBRECIPIENT agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive coimnercial .public liability insurance
insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of
or in consequence of this Agreement. Such insurance shall be in an amount not less than One Million
Dollars ($1,000,000.00) for any injury to or death of any person or persons in any single accident or
occurrence. Said policy of comprehensive liability insurance shall be endorsed to provide to CITY at
least thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and.
volunteers, additional insured; and state that such coverage is primary to any other coverage or self-
insurance and CITY. Governmental entities may provide proof of self-insurance.
(a) Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted
arising out of SUBRECIPIENT's operations hereunder.
(b) SUBRECIPIENT shall: (1) prior to exercising any right under this
Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the
CITY which shall clearly evidence all coverages required above; (2) provide that such insurance shall not
be materially changed or terminated except on 30 clays prior written notice to the CITY; (3) maintain such
insurance for the period covered by this Agreement; and (4) replace such certificates for policies expiring
prior to the expiration of this Agreement
11
75B-59
2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during
the effective period of this Agreement, broad form automobile liability coverage with a $1,000,000 limit
unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by
SUBRECIPIENT employees or participants in performance of this Agreement, or, in the event that
SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees,
participants or other agents to utilize their own automobiles in the performance of this Agreement,
SUBRECIPIENT shall secure and maintain on file from all such employees, participants, or agents as
self -certification of automobile insurance coverage. Governmental entities may provide proof of self-
insurance.
3. Workers' Compe imtiou. If SUBRECIPIENT is an "employer", as set forth in California
Labor Code Section 3300 et seq., or utilizes participants as "employees," as set forth in California Labor
Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the tern of this
Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said
insurance policy shall guarantee CITY at least thirty (30) days written notice of cancellation or
modification.
4. Equipment Coverage. SUBRECIPIENT shall purchase a policy or policies of insurance
covering loss or darnage to any and all Equipment provided to or purchased by SUBRECIPIENT in
accordance with this Agreement. Said insurance shall be in the amount of the full replacement value
thereof, providing protection against the classification of fire, extended coverage, vandalism, malicious
mischief, theft, and special extended perils. Governmental entities may substitute a certificate of self-
insurance.
5. Proof of Insurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no
payments trader this Agreement until the required certificates and endorsements have been approved by
CITY.
X1. IZEyERS ON OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG
fiends on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable
to the use of CDBG funds. [24 CFR 570.503(b)(7)]
B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in
part with CDBG fluids in excess of $25,000.00 must either be:
I. Used, where CITY has given written approval, to meet one of the national
objectives stated in 24 CFR 570,208 until five (5) years after expiration of this Agreement, or for such longer
period of time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph I above, SUBRECIPIENT shall pay to
CITY an amount equal to the current fair market value of the property less any portion of the value
attributable to the expenditure of non-CDBG fiends for acquisition of, or improvement to, the property. Such
payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired under the terns of tills
Agreement will vest upon acquisition in SUBRECII'iENT, When said equipment which has been acquired
in accordance with this Agreement and all applicable regulations is no longer needed for said program,
disposition of said equipment will be made as follows:
12
75B-60
I. Items of equipment with a current per unit fair market value of less than $5,000.00
may be retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or more
may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in
accordance with 2 CFR 200.313(e)(2).
D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge acid
deliver, or cause any person or entity who may have any claim to rights hereunder or under any document,
instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to
execute, acknowledge and deliver, to CITY assigament(s), quit claim deed(s) or such other and further
instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to
vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or
other federal, state and/or local accounts or program fiords or allocation of funds to which CITY is or may be
entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of
the performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on
behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF
ASSETS " and in paragraph "XII. TERMINATION" and other requirements pertaining to program income
shall not be affected by the termination of this Agreement and shall survive the date of termination of this
Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and
obligations to be performed and completed to the satisfaction of CITY and I4W.
XI3. 'd'E RNUNATION
A. This Agreement may be temunated on thirty (30) days' written notice by either party. In the
event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses
incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for
violation by SUBRECIPIENT of Federal Laws governing the use of Community Development Block Grant
Funds. In the event of such suspension or termination, SUBRECIPIENT shall only be entitled to
rchnbursernent for approved expenses incurred up to the effective date of suspension or temunation.
C. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any
of its obligations hereunder, CITY may declare a default and tennination of this Agreement by written notice
to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to
be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is
cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be
relieved of farther liability or responsibility under this Agreement, or as a result of the termination thereof,
including the payment of money, except for payment for approved expenses incurred for services
satisfactorily and timely performed prior to the trailing or service of the notice of termination, and except for
reimbursement of (1) any payments made for services not subsequently performed in a timely and
satisfactory mamrer, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience by either the CITY
or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of portion termination, their portion to b terminated, however, if in the case of a partial
13
75B-61
termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for
with the award was made, the CITY may terminate the award in its entirety.
E. The grant of funds under this Agreement may be tormhnated due to the non-performance of
SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and 13 or
failure to meet the performance standards and program goals set forth therein.
F. In the event this Agreement is terminated as set forth in subparagraphs M.A. through XII.E.,
inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any
adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI.
REVERSION OF ASSFTS" of this Agreement.
XM. LI MTATION OF FUN;nS
The United States of America, through FIUD, may in the future place prognamnatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY
reserves the right to revise this Agreement in order to take account of actions affecting HUD program
funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget
of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to
commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent
funds. Where I M has directed or requested CITY to implement a reduction in funding, in whole or as to a
cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to
act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the
Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to
de -scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of
this Agreement for up to sixty (60) days upon five (3) days written notice to SUBRECIPIENT of its intention
to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions
made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it
received notice of such revision, provided that such amounts have been committed in good faith and are
otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.
XIV. CLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains all the
covenants and agreements between the parties with respect to such employment in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in
writing and signed by both CITY and SUBRECIPIENT.
XV. LAWS GOVURNING THIS AGRiWEMTNT
This Agreement shall be governed by and construed in accordance with the laws of the State of
California, and all applicable federal laws and regulations.
XVI. CLOSE»OUT
14
75B-62
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343,
including the following:
1. SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end
date of the period of performance, all financial, performance, and other reports as required by the
terms and conditions of the Federal award;
2. Unless the CITY authorizes an extension, SUBRECIPIENT must liquidate all
obligations incurred under the Federal award not later than ninety (90) calendar days after the
end date of the period of performance as specified in the terms and conditions of the Federal
award;
3, SUBRECIPIENT must promptly refund any balances of unobligated cash that the
CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345);
4. SUBRECIPIENT must account for any real and personal property acquired with
Federal funds or received from the Federal government in accordance with 2 CFR §§200.310-
200.316 and 200.329; and,
5. The CITY should complete all closeout actions for the Federal award no later than one
year after receipt and acceptance of all required final reports.
XVH. VALIDITY AND SEVERAB&IT. y
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement. Whenever possible, each provision of this
AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable
law, but if any provision of this AGREEMENT is held to be prohibited by or invalid tinder
applicable law, such provision shall be ineffective only to the extent of such prohibition or
invalidity, without invalidating the remainder of such provisions of this AGREEMENT.
XVM. WAIVER
No delay or omission by either party hereto to exercise any right or power accruing upon any
noncompliance or default by the other party with respect to any of the terms of this Agreement shall
impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties
hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be
construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or
agreement herein contained.
XLY. MISCELLANEOUS PItOVIHM
a. Each undersigned represents and warrants that its signature herein below has the power, authority
and right to bind their respective parties to each of the temis of this Agreement, and shall indemnify CITY
fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that
such authority or power is not, in fact, held by the signatory or is withdrawn.
15
75B-63
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if
My set forth in the body of this Agreement.
(Signatures on,followingpage)
16
75B-64
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year
written below.
ATTEST:
NORMA MITRE
Acting Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
RECOMMENDED FOR APPROVAL:
STEVEN M[ENDOZA
Executive Director
Conanmuty Development Agency
17
CITY OF SANTA ANA
ICRISTINE RIDGE
City Manager
SUBRECIPIENT:
NAME
Title
Tax ID:00-0000000
DUNS #: 000000000
75B-65
City of Santa Ana CDBG Scope of Work
Program Year 2019-20 (July 1, 2019 - June 30, 2020)
Name of Organization Organization Name
Nam of Funded Program Program Name
Annual Accomplishment Goat
be
Schedule of Performance
Unduplicated
(estimated) Participants
Quarter 1: JUL 1 - SEP 30
Quarter 2: OCT 1 - DEC 31
Quarter 3: JAN 1 - MAR 31
Quarter 4: APR 1 - JUN 30
0
the 12-month contract Period.
0% W Ineome Participants 0%
Estimated
Invoicing
:T.
FISCAL YEAR 2019-2020
PROGRAM BUDGET
Organization Name Organization Name
Program Name Program Name
EXPENDITURES
Enter budget categories and projected expenditures for the proposed program:
Category
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$0
$0
Program Staff Salaries
$0
$0
Contractual/Professional Services
_.�
$0
$0
0
$0
$d
o
$0
$0
0
$0
$0
0
$0
$0
-
0
$0
$o
o
$0
$0
0
$0
$0
TOTAL Direct Costs
$0
$0
$0
$0
Indirect Costs 10%
$0
$0
TOTAL BUDGET
$0
$0
$0
$0
* Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect
cost rate, will charge a de minimis rate of 10% of modified total direct
costs,
PROGRAM RESOURCES
LIST ALL OTHER PROGRAM RESOURCES FOR 2019-2020
Funding Source Total
FUNDING
Ana CDBG
- ;.
2019-2020 CDBG BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary
CDBG Funds
Requested
Description
PROGRAM STAFF
Position Title
Annual Salary
CDBG Funds
Requested
Description
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract
Amount
CDBG Funds
Requested
Description
OTHER LINE ITEMS
Line Item
Program
Amount
CDBG Funds
Requested
Description
719848
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26,1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance finds certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
(2) Where the prospective recipient of federal assistance fiords is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Name and Title of Authorized Representative
Signature
Date
EXHIBIT C
Page 1 of 2
75B-69
INSTRUCTIONS FOR CERTIFICATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
federal assistance fimds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Govermnent, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "prhnary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549, You may contact the person to
which this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective recipient of federal assistance fiends agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, sinless authorized by the DOL.
6. The prospective recipient of federal assistance finds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, ineligibility and
voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the List of Pities Excluded from Procurement or Non -
Procurement Programs,
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required by this clause. The knowledge and
information of aparticipant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.
EXHIBIT C
Page 2 of 2
75B-70
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreement
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 oil behalf of the
undersigned, 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 cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, 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 subcontract, 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 ibis 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 cacti such failure.
Grantee/Contactor Organization Program Title
Name of Certifying Officer Signature Date
EXHIBIT D
Page I of 2
75B-71
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds.shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S envhomnental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372,
EXHIBIT D
Page 2 of 2
75B-72
Certification Regarding Drucl-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CEi7YIFiCATION
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited In the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to Inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that maybe imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring In the workplace no later than five days after
such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
EXHIBIT E
Page 1 of 3
75B-73
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached 'Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S, Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised 'Place of
Performance" form.
Organization
Authorized Signature Date
EXHIBIT E
Page 2 of 3
75B-74
11 ♦ • • I. .mot . N Ll {
1 y.
Name:
Date:
The Contractor shall Insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
EXHIBIT E
Page 3 of 3
75B-75
75B-76
EXHIBIT 6
Memorandum of Understanding (MOU)
between
SUBItECIPIENT
and
The City of Santa Ana W101RIK Center
1. PARTIES: The parties to this Memorandum of Understanding (MOU) are Subrecipient
name ("Subrecipient") and the City of Santa Ana W/O/R/K Center ("Work Center").
2. PURPOSE: The Work Center, in conjunction with Subrecipient, endeavors to establish a
cooperative working relationship between the parties in order to provide program
beneficiaries with information about Work Center opportunities to find better jobs and
careers, The MOU serves to establish the framework for providing services to employees, job
seekers and others needing workforce services. The goal is to ensure that all program
beneficiaries have been provided an opportunity to connect with the Work Center and be
assisted with the tools and knowledge necessary to enter the workforce or obtain a higher -
paying job.
3. RESPONSIBILITIES:
A) The Work Center shall perform the following:
1) Accept referrals to the Work Center.
B) Subrecipient shall perform the following:
1) Provide Work Center information to participants and their families; and,
2) Refer participants in need of employment, training, or career counseling to the Work
Center utilizing the referral form attached hereto as Attachment I and incorporated
herein by reference.
4. DURATION: This MOU shall commence on July 1, 2019, and shall remain in effect
through June 30, 2020.
5. AMENDMENTS: Either party may propose amendments to this MOU at any time by
providing written notice to the other party. Amendments to this MOU shall require the
approval of the City Manager, or her/his designee ("City Manager"), on behalf of the Work
Center.
b. CONFIDENTIALITY: If Subrecipient receives information, which due to the nature of
such infonmation is reasonably understood to be confidential and/or proprietary, such
information shall not be used or disclosed except in the performance of this MOU, and
Subrecipient agrees to exercise the same degree of care it uses to protect its own infonmation
of like importance, but in no event less than reasonable care. "Confidential Information"
shall include all non-public information. Confidential information includes not only written
75B-77
information, but also information transferred orally, visually, electronically, or by other
means. Confidential information disclosed to either party by any subsidiary and/or agent of
the other party is covered by this MOU. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly
available sources; (b) is, through no fault of Subrecipient disclosed in a publicly available
source; (c) is in rightful possession of Subrecipient without an obligation of confidentiality;
(d) is required to be disclosed by operation of law; or (e) is independently developed by
Subrecipient without reference to information disclosed by the City of Santa Ana.
7. ACCESSABILITY: Subrecipient will assure that its services and premises are accessible to
persons with disabilities pursuant to the requirements of the Americans with Disabilities Act,
8. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold
harmless the other parties, their officers, agents, employees, and volunteers from and against
any and all loss or damage, and from any and all suits, actions and claims filed or brought by
any person or persons arising out of acts or omissions of the party or its officers, agents,
employees or volunteers in the performance of this MOU.
9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party
may call a meeting of all parties to discuss and resolve disputes. Should informal resolution
efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to
resolve the dispute by holding an informal hearing with presentations by both panties. If the
City Manager's resolution efforts fail, any party may file a grievance with the City Manager
for review and heating. The parties agree to be bound by the final determination resulting
fitom that procedure. Each party to bear its own costs associated with any grievance
procedures.
10. DISCRIMINATION: Subrecipient shall not discriminate because of race, color, creed,
religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as
defined and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Subrecipient affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local
laws and regulations.
11. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise
stricken, the rest of this MOU shall remain in force.
12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in
Orange County, California,
13. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments
have the authority to commit the party they represent to the terms of this MOU, and do so
commit by signing.
75B-78
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year
written below.
ATTE, ST: CITY OF SANTA ANA
NORMA MITRE KRISTINE RIDGE
Acting Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALH0
City Agomeg
Attorney
RECOMMENDED FOR APPROVAL: SUBRECIPIENT:
STEVEN MENDOZA NAME
Executive Director Title
Community Development Agency Tax ID: 00-0000000
DUNS #: 000000000
CARLOS DE LA RIVA
CENTER DIRECTOR
Santa Ana WORK Center
17
75B-79
fix., 5ANTA ANA
�,WO�RK
CENTER
Referral Form
Whether you are looking for A JOB or to LEARN A NEW SKILL,
the WORK Center can help!
• Find a Job
• Upgrade Skills
• Get Career Counseling
• Access to Community Services
Attend the My Next Move Workshop and connect with us!
Workshops take place on Tuesdays at 9:30AM to 10:30AM
(English) and 2:OOPM to 3:OOPM (Spanish).
Name:
Referring Organization:
Workshop Date:
Time:
Santa Ana WORK Center ♦ 801 West Civic Center, Santa Ana, CA 92701
714-565-2600
ATTACHMENT
75B-80