HomeMy WebLinkAboutPARKS, RECREATION AND COMMUNITY SERVICES AGENCY (4)City of Santa , _.ia
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AGREEMENT TERMINATION FORM �� I Dg
Please complete this form in its entirety when the attached agreement and all
amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form.
Is the agreement(s) a permanent record? Yes No —/
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
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No. A-2020-043-30 was completed on 17 z
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i lagreementsbrmslform - agreement termination form_goldenrod.doc
OF THE COUNCIL
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and final payment has been made.
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_QUIRES A-2020-043-30
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
G D R0) (WVfol VVY S� PARKS, RECREATION CO
MMUNITY
N AND SERVICES AGENCY
FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Memorandum of Understanding is hereby made and entered into this 27th day of October,
2020, 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 ("CrfY ), and Parks, Recreation and
Community Services 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 ("IIUD'J Community Development Block Grant ("CDBG") Entitlement Program,
Catalog of Federal Domestic Assistance (CFDA) Number 14.218, and Federal Award Identification Number
(FAIN) B-20-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. CffY has applied for and received CDBG funds 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". 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 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
attachments hereto, shall constitute the entire Agreement between the C1TY and SUBRECIPIENT:
I.
A. Representations and Warranties.
(a) Authority. SUBRECIPIEN'I' is 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
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.
(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, SUBRECIPI)NT'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 SUBRECIPMNT is a party or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened banlauptey
proceeding,
(t) 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 SUBRECIPMNT'S
application for funding submitted to CITY including any exhibits are true and corraat in all material
respects,
(h) No Pending Investigation, SUBRECIPIENT is not aware tbat it. is the subj ect 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 performancc of the Agreement or
provision of services hereunder.
B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $250,000 ("CDBG FUNDS"j, for the term of 7uly 1, 2020 through June 30, �p for
Memorial Park Restroom Replacement Project. Such funds shall be expended by SUBRECIPIENT on
or before June 30, 2022. The Term of this Agreement maybe extended by a.writing executed by the
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 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 15 of the applicable
funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be obligated to perform such
duties as would normallyextend beyond the term, including, but not limited to, obligations with respect to
indemnification, audits, reporting, data retentionheporting, 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 fiords 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
SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached
hereto and by this reference incorporated herein, 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..
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D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30,
2022, and to use said funds to pay for accessary 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 terns 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 CPR §200.331(a)(4), the Indirect Cost Ratc for the SUBRECIPIENT's award shall
be an approved federally recognized indirect Post rate negotiated between the SUBRECIPIENT and the
Federal government, or, if no such rate exists, the de mini'mis indirect Post rate a.s defined in 2 CFR
§200.414(b) Indirect (F4,A) costs.
For this agreement, the do minimis indirect cost rate of 10% will apply..
E. Lieensine, $UBRECIPIENT 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:. Zomnc: SUBRECIPIENT agrees that any facil ty/property used in furtheranceof said
program shall be specifically zoned and permitted for suchuse(s) and nctivity(ies). Should SU13RECIPTENT
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 snake 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 suchkknownviolation(s) shall result in
termination of grant funding 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 funds received by SUBRECIPIENT from CITY pursuant to this
Agreement shall be maintained in an account in a federally insured banking or savings and Joan institution
with record keeping of such accounts maintained pursuant to applicable 2 CPI, 200.302 requirements.
SUBRECIPIENT is not required to maintain separate depository accounts for CDBG FUNDS; provided
however, the SUBRECIPIENT trust be able to account for receipt, obligation and expenditure of CDBG
FUNDS pursuant to applicable 2 CPR 200.302 requirements.
II. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIBNT expends
Seven hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SU13RECIPIENT 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 I of the year following the program year in which this Agreement is
executed,
I. Record Keeping2eporting. 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 maintaining its record keeping
responsibilities under the CDBC BEGS, 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 CFX 570,208(4)(2)(B) of the Yncome level
of persons and/or families participating in or benefitingby the SUBRECTPTNT program.
b, Documentation of the number of persons and/or families participating in or benefiting
by the SUT3RECiPMN"T program.
c; Household information shall include number of persons, identification of head of
household, racetetlmicity, and income verification of all household members ages 18 and over.
d. Documentation of all C.DBG FUNDS received from CITY..
e, Documentation of expenses as identified in the Budget ,Proposal, including evidence of
incurring the oxpenee, 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 BEGS.
(2). Re orts
a, Payment Request. Coucltrrcntly with the submittal of each quarterly report, on or before
the 15th day of October, January, April and July, SUBREC)PWNT .shall submit both: an original
invoico/request for reimbursement and true copies of invoices, receipts, canceled checks, bank
statemients, 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. 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 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 receiver/ and approved by CITY,
J, Access to Records. CITY and the United States Government and their representatives or
auditors shall have access for purposes of monitoring, auditing, and exanuming SUBRECIPIENT's
activities and performance, to books, documents and papers, and the tight to examine records of
SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to
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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 Dept, 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 RecordsMeauired Length of Record Kee in¢. 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 SUBR ECIPIENT'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 ageney takes exception, shall be retained
beyond the five (5) years until complete resolution or disposition_ of such appeals, litigation olaitns, or
exceptions. In the event $UBRECIPIENT does not make the above -referenced doouments available within
the city of Santa Ana,, California, SUBREOPIENT agrees to pay 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, SUBRECIFIEN'T acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the.ACT as amonded and that
expenditures of these hands shall be in accordance with the ACT and all pertinent regulations issued by
agencies of the federal government,'including, b atriot 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 any
award to any party which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistanceprograniss under 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. SU13RECIPIENT shall be in goodstanding,
without suspension by the California Secretary of State, Franchise Tax Board and Intemal.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, FIowever,
SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
O. Independent Contractor_ SUBRECIPMNT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY,
P. Violation of Terns and Conditions. SUBRECIPMNT 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 SUBRECIPWNT 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
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, Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -expendable
personal property acquired under the terms 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, mcals or gifts, or other prohibited uses.
S. Lobb in . SUBRECIPlENT certifies that it will comply with federal law (31 U.S,C,1352)
and regulations found at 24 CF'R Part 87, wltichprovide 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 office• 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 malting 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 sign a
certification to that effect in a form as set forth in "Exhibit D;" attached hereto and by this reference
incorporated lrercin. SUBRECIPIENT sal submit raid 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 "RECIPIENT under the terms and conditions of this Agreement.
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, lean, or cooperative agreement, the undersigned shall complete and submit a
"Disclosure porn 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 under
grants, loans, and cooperative agreements), and agrees to take .all actions necessary to ensure that all
subrecipients shall shn ilarty certify and disclose.accordingly.
T. Financial Interest. SUBRECI IENT 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 terms of this Agreement, or who are in a
position to participate in a decision -malting process or gain inside information with regard to such
activities, may obtaina financial interest or benefit :from a CDBGr-assisted activity of SURRECIPIENT,
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 pertaining to labor standards insofar as those acts apply to the performance of this
Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti -Rick Back Act (18 U.S.C,
874 or seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part 5. The
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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
25 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 underthe 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 SiIBRECTIENT Shall cause or require to be inserted in
full, in all such contracts subject to such regulations, provisions meeting the xequirements of this
`paragraph..
V, Section 3 of the housing and Urban Development Act of 1968, "RECIPIENT will make
every effoit to provide training opportunities for low -and modcrate.-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 Viban Development
Act of 1968, tho regulations set forth in 24 iCFR 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 STMECIPiENT, 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 SLMRECIPILNT
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 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 Reuuirements Cost Principles andAudit 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 C1711200,318.3$6.
Y. Subpart 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
CFI( 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 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 Aot, as amended (15 U.S.C.
632), and "minority and women's business enterprise" means a business at least fifty-one percent (516/6)
owned and controlled by minority group members or women. For the purpose of this definition,
"minority group membcts'' are African -Americans, Spanish-speaking, Spanish surnamed or Spanish-
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heritage Americans, Asian -Americans, and American Indians. SUBRECIPIENT may rely on written
representations by businesses regarding their status as minority and female businessenterprisesin lieu of
an independent investigation,
R CITY'fS OBLIGATIONS,
A. Payment of Funds, On July 1, 2020, the MY was allocated $5,735,518 for fiscal year 2020-
2021 from the United States Department of housing and Urban Development CUM") Community
Development Block Grant.("CD$G") Entitlement Program. CITY agrees to pay to SUBRECIPIENT when,
if and to the extent federat funds are received a sum not to exceed TWO HUNDRED FIFTY THOUSAND
Dollars ($250,000) for SUBRECIPIENT'S performance in accordance with the Budget attached hereto as
"Exhibit B" during the period of this Agreement. Paytnents shall be made to SU13RFCIPMNT through the
submission of invoices/reimbursement requests.
CITY shall pay such invoices/reimbursement 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 terms and conditions of
this Agreement, Failure to provide any of the required documentation and reporting *rill cause CITY to
withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to
SUBRBCIPMNT, 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 II 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 accordanec with Title 24 of the Code of
Federal Regulation's 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. Environmental Reviews 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 SUBRFCIPIENT 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 manner, or if the CITY determines that insufficient supporting
information :has been subnvtted, the CITY shall notify the SUBRECIPIENT in writing of its
determ6ration 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 SUBRFCIPIENT after being
notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract
suspension or termination procedures will be initiated,
III ! 1 -I/ 3� f►1
A, SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the
performance of this Agreement, SUBRECIPMNT agrees not to disoria gate 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 nondiscriminaiionclause.
B. SUBRECIPIENT agrees to comply -with Title VI of the Civil Rights Act of 1904 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 tinder 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, of otherwise be subject to discrimination inany activities, programs or employment supported by
thus Agreement. SUBMCiPIENTis 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 Housing and Community
Development Act of 1974, as amended.
D..SUBRECIPMNT agrees to comply with the Age Discrimination Act of 1975 which requires that
during the performance of this Agreement, SURRECIPIENI` 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 it, 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 $04 of the Rehabilitation Act of 1973 which
requires that no otherwise qualified individual with a disability in United States, shall, solely by reason of
his or her disability, he excluded from the participation in, be denied the benefits of, or be subjected to
disdrunination trader any program or activity receiving federal financial assistance or under.any program or
activity conducted by any executive agency or by the United Slates 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 MY 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 SUBRECBPIENT. 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 deemed fully 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.
0
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRFCIPIENT 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
ofreligion.
B. SUBRPCIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT agrees to provide under 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 ofreligion.
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 CII'Y fluids by SUB elpiENT with
applicable constitutional limitations respecting the establishment (if religion as set forth in the establishment
clause under the First Amendment of the United States Constitution and Article t Section 4 of the California
Constitution, andis 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 symbok
E. Where the services to be provided under said program are rendered on property owned by the
primarily religious entity SUBREr IP11M, CDBG funds tuay also be used forminor repairs to suchproperty
which are directtyrelated to the cost Of rendering the services under said program, where the cost constitutes
in dollar terms only all incidental portion of the CDBG expenditure for rendering the services under said
program.
VI. PROHIBITION OF NEPOTISM
SUBftECIPUM agrees not to hire or permit tho biting of any person to fill a position funded
through this Agreement if a member of that persods milediate family is employed in an administrative
capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse;
child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, soil -in-law,
daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild, The term "administrative capacity"
means having selection, hiring, supervisor or management :responsibilities,
VIL 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
lul
TO SUBRECIPIENT: Lisa Rudloff
Executive Director
Parkg, Recreation and Community Services Agency
20 Civic CenterPlaza
Santa Ana, CA 92702
VIU. ASSIGNABILTTY
None of the duties of; or work to be performed by, stila ECIPIENT under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of CTPY.
SUBRECIPMNT must subnut all subcontracts and other agreements that rebate to this Agreement to CITY,
No subcontract or assignment shall terminate or alter the legal obligations of SU13RFCIPIENT pitsuant to
this Agreement.
IX. ROLDHARMLESS
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 orpersons,,including property and employees or agents of CITY, and shs
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 SUBRECIPITNT's performance of this Agreement.
X. INSURANCT
1, Commercial General Liability SUBRECIPIENT agrees to obtain and keep in force
during the form 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 ptrnnary with respect to
insurance or self-insurance programs maintained by the CM; (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 shoal: (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
11
2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during
the effective period of this Agreement, broad form automobile liability coverage with. a $1,000,0001`t
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 web 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 SMRECFMNT is an "employer", as set forth in California
Labor Code Section3300 et seq., or utilize& participants as "employees," as forth in California Labor'
Code Section 3350 et seq., SUBRECIPIENT shall obtain and keep in force during the term of this
Agreement full Workers' Compensation insurance coverage for injuries suffered by participants. Said
:insurances policy shall guarantee CITY at least thirty (30) days written notice of. cancellation or
modification.
4. Equipment Coverage, "RECIPIENT shall purchase a policy or policies of insurance
covering loss or damage to any and all Equipment provided to or purchased by SVDRECIl}IENT 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, bovernmental entities may substitute a certificate of self
insurance.
5. Proof of htaurance. Certificates and endorsements must be submitted and approved by
CITY prior to any work under this Agreement, SUbRFCIPII NT understands that CITY *III make no
payments under this Agreement until the required certificates and cndorsenents have been approved by
CITY.
XI. REVERSION OT ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer't4 CITY any CDBG
funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable
to the use of CDBd funds. [24 CM 570.503(b)(7)l
B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or;in
part with CDBG f raids 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 funds for acquisition of, or improvement to, the property. Such
payment is program income to CITY.
C, Subject to the obligations set forth hereirt, title to equipment acquired under 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
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 withno further obligation to CITY,
2. Items of equipment with a current fair market per unit value of $5,000.00 or more
maybe retained or sold and CITY shall have the rightto 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
accordancewith 2 CFR200.313(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, aclatowledge and deliver, to CITY assigmucat(s), quit claim dced(s) or such other and further
instruments, documentsand agreements as: may be necessary, in the sole and absolute discretion of CITY, to
vest in MY all of SUBREC I'IENT'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 funds or allocation of funds to which CITY is or may be
entitled, either for its awn 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 aaune subject matter or
activities as: thus Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on
behalf of CITY', in furtherance of the activities hereunder or thereof
SURRECIPIENT's obligations and responsibilities set forth in this paragraph "XI, REVERSION OF
ASS +M' " and in paragraph "XII, IERMINATION" and other requirements pertaining to program neome
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 BUD.
XTI, TERMINATION
A. This Agreement may be terminated on thirty (30)_ days' written notice by either party. In the
event of such termivation;. SUBRECIFI FNT ,shall only be entitled to reimbursement for approved expenses
incurred to the effective date o£termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days'written notice for
violation by SUBRECIPTENT of Federal Laws governing the use of Community Development Block Grant
Funds. In theevent of such suspension or termination, SUBRECTPIENT 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 SUBRECIPIEN'T defaults by failing to fulfill: all or any
of its obligations hereunder, CITY may declare a default and ternthiation 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 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 funds under this Agreement may be terminated for convenience by either the CITY
or SUBRECRIENT, in whole or in part, by setting forth the reasons for such termination, the effective date,
and, in the case of portion termination, thew portion to b terminated, however, if in the case of a partial
13
termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for
with the award was made, theCITYmay terminate the award in its entirety,
E. The grant of funds under this Agreement may be terminated due to the non-performance of
SUBRECIPIBNT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or
failure to meet the performance_ "standards and program goals set forththerein,
F. In the event this Agreement is terminated as set forth in subparagraphs X11A, through XMR,
inclusive, SUBRECiPIENT agrees to immediately return to CITY upon CITY's demand, and prior to any
adjudication of SUBRECIPIENT's tights, any and all funds not used, and to comply with paragraph "XI,
REVERSION OF ASSETS" of this Agreement.
XDL LIMITATION OF FUNDS
The Unifed States of America, through IIUD, 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, may limit the rate of SUBRECIPiENT's authority to
commit and spend funds, or may restrict SUBRECIPERM use of both its uncommitted 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, CTIYv 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, SUBREC4'MW shall be pemritted to
de -scope accordingly. `Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agrcement, CITY way suspend the operation of
this Agreement for tip to sixty (60) days upon five (5) days written noticc to SUBRECIPIEN I of its intention
to so act, pending an auditor other resolution of such questions. In no event, however, shall any revisions
made by CITY affect expenditures and -legally binding commitments made by STJBRECIPIENT 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 withHUD cash withdrawal guidelines,
XIV. EXCLUSIVITY 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 CfrY'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 GOVERNING THIS AGREEMENT
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 SUBRECIPIBNT agrees to comply with the closeout procedures detailed in 2 CFR §200.343,
including -the following:
14
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 (9.0) calendar days alter the
end date of the period of performance as specified in the terms and conditions of the Federal
award
3. .SUBR.FCIPIENT 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 Si ECIPIENT for
use in other;projects (See OMB Circular A-129 and 2 CM §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-
20OX6 and 200,320; 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 foal reports.
XVII. YAT,IDITYAND sEVGRABIL,ITit
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 under
applicable law, such provision shall be ineffective only 3o the extent of such prohibition or
invalidity, without invalidating the remainder of such provisions of this .AGREEMENT.
XVM. HAM
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 bea 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.
XIX. MISCFLLANFOUS PROVISIONS
a. Each undersigned represents and wan -ants 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 indemnify CITY
fully, including reasonable costs and attorney's fees, for airy 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
fully set forth in the body of this Agreement.
(Signatures onfillowingpage)
15
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year
written below.
ATTEST: CITY OF SANTA ANA
0
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Codncil City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
/atv--
By: R HODGE
Assistan City Attorney
RECOMMENDED FOR APPROVAL: SUBRECII'IENT:
STEVENN MMENDOZA L A,XGDCOFF
Executive Director Executive Director
Community Development Agency Tax ID: 45-6000785
DUNSM 083153247
M
City of Santa Ana CDBG Scope of Work
Program Year 2020.2021 (July 1, 2020 - June 30, 2021)
Name of Organization City of Santa Ana Parks Recreation and Community Services Agency
Name of Funded Program Memorial Park Restroom
Annual Accomplishment Goal
Program and Funding Description
Project Location: The Nleniorial :Park Restroom Replaccaent Project ("proposed project" or
'I)roject") is located at 2102 South Flower Street in the City of Santa Ann (Ci(y) in Orange County,
California 92707. Figure 1 illustrates the general locatio n of the proj ect site in the region and Figure 2
shows the location of the project site in the community and surrounding uses.
Figure 3 includes a site plan, which depicts the general location of the existing restroom facility
within the approximately 17-acrepark. See Appendix A for Figures 1, 2, and 3.
Description of the Proposed Project [24 CFR 50.12 & 58.32; 40 CFR 1508,251:
The proposed project involves demolition and 1%placement of an existing restroom building within
Memorial Park. The new, prefabricated, and ADA-compliant restroom facility would be relocated
near the southern boundary of the park in order to promote visibility and prevent criminal activity.
The existing rostroom building would be demolished once the replacement facility has been
constructed and is fully operational.
EXHIBIT A
FISCAL YEAR 2020-2021
PROGRAM BUDGET
Organization Name City of Santa Ana Parks Recreation and Community Services Agency
Program Name Memorial Park Restroom
EXPENDITURES
Enter budget categories and Drolected exnendituras for tha nrnnncorl nrnoram-
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
Construction
$178,571
$178,571
Design
$26,786
$26,786
Construction Engineering,$26,786
$26,786
Conti encY
$17,857
$17,857
$0
$0
$0
$0
$0
$0
TOTAL Direct Costs
$2S01000
$0
$250,000
$0
Indirect Costs 10%
$p
TOTAL BUDGET
$250,000
$0
$25000
$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 2020.2021
Funding Source Total must equal Program Budget Total
RCE
EXHIBIT B
2020-2021 CDBG BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual5alary
& Benefits
CDBG Funds
Requested
Description
PROGRAM STAFF
Position Title
Annual Salary
& Benefits
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
Construction
$178,571
$178,571
Construction Engineering
$26,786
$26,786
Design
$26,786
$26,786
Contig;ency
$17,857
$17 857
$ 250,000
EXHIBIT B-1
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 finds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Lisa Rudloff, Executive Director
Name and Title of Authorized Representative
1/18/20
EXHIBIT C
Page 1 of 2
INSTRUCTIONS FOR CERTIFICATION
L By signing and submitting this proposal, the prospective recipient of federal assistance foods 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 (POL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide,minediate written notice to the
person to which this proposal is submitted if at any time the prospective i=-ipicnt of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circurastaneus,
4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," '�parncipant," "person'," "primary covered transaction," "prhroipal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Exeeutivc Order 12549, You may contact the person to
Which this proposal is submitted for assistance "in obtaining a copy of those regulations.
5. Thoprospective incipient of federal assistanee funds as `ces 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 bythe t)OL.
6, The prospective recipient of federal -assistance funds Rather 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 transaetionmay 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
participvnnmy, but is notrequired,to check the List of Parties Excluded from Proeurement or Non -
Procurement Programs,
8. Notl»ng 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 tinder 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 transactlor� 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
Certification Regarding Lnbhying
Certification for Contracts. Grants Loans and Cooperative Agi-cements
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 attenpti ng to influence an officer or
employee of any agency, a Member of Congress, an offleer 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 fiords 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 (inchulin_ 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 S10.000 and not more than $100,000 for each sud_ failure.
City of Santa Ana
Grantee/Contactor Organization
Program Title
Lisa Rudloff � A 11/18/20
Name of Certifying Officer l� Signature Date
EXHIBIT D
Pa«e I of 2
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
2. No person in the United States $hall on the ground of race, color, religion, national
origin, or sex, be excluded from participationin, or be denied the benefits of, or be
subjected to discrimination under any program or activity fended in whole or in pall 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 inpart with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the'locality as determined in decordance with the Davis -Bacon Act, as
amended, 40 V, 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 raid
expenses, reasonable benefits, or a nominal fee for such services; and not otherwise
employed at anytime in construction work.
4, .SUBRECJPIENT will comply with all federal statutes applicable to projects funded
With community development funds, except that (a) SUBRECIPIENT does not assume
CIT'Y'S environmental responsibilities described at 24 CFR 570.604; and. (b)
SUBRECIPIENT does not assume CIT Y'S :responsibility for initiating to review process
under Executive Order 12372.
EXHIBIT D
Page 2 of 2
Certification Regarding Drug -Free. Workplace Requirements
The certification set out below is a material representation upon which reliance Is placed
by the US. 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.
,CERTIFICATION
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 contractors workpl"ace and "specifying the actions that will
be 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
(d) 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.
(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;
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Page t of
(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.
City of Santa ana
Organization 6�
11/18/20
th ized Signature Date
EXHIBIT E
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FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
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
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