HomeMy WebLinkAboutSANTA ANA WORK CENTER/ ADULT EMPLOYMENT TRAINING PROGRAMCity of Santa Ana
Clerk of the Council
AGREEMENT TERMINATION FORM Q `Q
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CLERK OF COUNCIL'
A-2020-251-02
DATE:
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA AND
SANTA ANA WORK CENTER FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT
CORONAVIRUS (CDBG-CV) FUNDS
This Memo random of Understanding is hereby made and entered into this 18 day of February, 2021,
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 ("Crr "), and Santa Ana WORK Center,
C'SUBRECIPIENT').
RECITALS:
A. On March 27, 2020, a special allocation of Community Development Block Grant (CDBG') funds
was authorized by the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act'), Public
Law 116-136, to prevent, prepare for, and respond to the coronavirus CVOVID-19') pandemic. The
CARES Act made available $5 billion in Community Development Block Grant Coronavirus
C'CDBG-CV') funds. Of this amount, the United States Department of Housing and Urban
Development ("HUD") immediately allocated $2 billion based on the fiscal year 2020 CDBG
formula.
B. On April 2, 2020, the CITY received notice of an award of $3,374,017 in CDBG-CV funds from
HUD in response to the COVID-19 pandemic,
C. On September 11, 2020, HUD awarded the City with a special allocation of CDBG-CV3
program funds in the amount of $3,520,819, as authorized by the CARES Act, increasing the
cumulative amount for al CDBG-CV allocation rounds to $6,894,836. For purposes of this
Memorandum of Understanding , all rounds of allocation of CDBG-CV funds, including CDBG-
CV3 funds, shall be referred to as CDBG-CV funds.
D. CITY, as an entitlement recipient and grantee of the HUD CDBG Entitlement Program, Catalog of
Federal Domestic Assistance (CFDA') Number 14.218, and Federal Award Identification Number
(FAIN) B-20-MW-06-0508, desires to enter into this Memorandum of Understanding with the
SU13RECRIMM for the expenditure of CDBG-CV funds in accordance with Title 24, Part 570 of
Code of Federal Regulations 24 CFR 570.000, et seq. ("CDBG REGS').
E. C117Y 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 C'ACT's.
F. SUBRBCIPBOVT has been selected by the CITY to receive CDBG-CV funds and administer such
financial assistance, and to provide the services described in Exhibit A, in accordance with the
Schedule of Performance included therein ("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 Memorandum of Understanding will meet one or more of the CDBG program's
National Objectives (24 CFR Part 570.208), including the CDBG-CV program's objectives to
respond to this historic COVID-19 public health crisis.
G. In response to the COVID-19 pandemic, SUBRECIPIENT, will serves low and moderate income
persons, meets the national objective for the use of CDBG and CDBG-CV funds.
H. 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
Memorandum of Understanding or serve as reason for the City to recapture the grant funds awarded
to SUBRECIPIENT pursuant to this Memorandum of Understanding.
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive
part of this Memorandum of Understanding and the following terms and conditions are approved and
together with all exhibits and attachments hereto, shall constitute the entire Memorandum of Understanding
between the CITY and SUBRECIPIENT:
I. SUBRECIPIENT'S OBLIGATIONS
A. Nonprofit Status - Representations and Warranties.
(a) Authority. SUBRECIPE3NT 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 .
HI 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 Memorandum of Understanding 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 Memorandum of Understanding,
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 Memorandmn of Understanding,
(d) No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution,
delivery and performance of its obligations under this Memorandum of Understanding will not constitute
a default or a breach under any contract, Memorandum of Understanding or order to which
SUBRECIPIENT is a party or by which it is bound.
(e) No Bankruptcy, SUBRECB'IENT 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 SUBRECII'IENT'S performance under this
Memorandum of Understanding.
(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, SUBRECIPMNT has no knowledge 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, wluch would relate to or affect performance of the
Memorandum of Understanding or provision of services hereunder.
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B. Amount of Grant/Term and Quarterly Disbursement. The amount granted to
SUBRECIPIENT for said program, Adult Employment Training Program, is One -Hundred Fifty
Thousand Dollars ($150.000.00) ("CDBG-CV FUNDS"), for the term commencing on the date first
written above and continuing for (12) months. This Memorandum of Understanding shall also cover any
and all services provided by the SUBRECIPIENT to the CITY since the date the CDBG-CV funds were
awarded to the CITY. The Term of this Memorandum of Understanding may be extended by a writing
executed by the City Manager, or his or her designee, and the City Attorney.
The CDBG-CV FUNDS shall be disbursed by CITY to SUBRECIPIENT on a bi-monthly basis
subject to and upon receipt and approval of a complete bi-monthly activity report from SUBRECIPH NT,
with the final payment subject to the satisfaction of the condition precedent of submittal of complete
reporting information, 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 amount of CDBG-CV FUNDS to SUBRECIPIENT, or to
completely terminate this Memorandum of Understanding , in the CITY's sole discretion, if there is a
reduction in CDBG-CV FUNDS provided to the CITY.
The CITY reserves the right to reduce the grant application if the CPI'Y's fiscal monitoring indicates
that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program years.
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 Memorandum of Understanding to operate said program, as set forth in
Exhibit A, attached hereto and by this reference incorporated herein. SUBRECIPIFI WS failure to perform
as required may, in addition to other remedies set forth in this Memorandum of Understanding , result in
readjustment of the amount of funds CITY is otherwise obligated to pay to SUBRECIPM NT hereunder,
D. Allowable Costs. SUBRECIPIENT agrees to complete said program within the tern of this
Memorandum of Understanding, 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 Memorandum of Understanding. 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 §200.33 1 (a)(4), the Indirect Cost Rate for the SUBRECIPIENT's award shall
be an approved federally recognized indirect cost rate negotiated between the SUBRECIPM'NT 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 Memorandum of Understanding , the de minimis 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, SUBRECWMNT
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 permitted 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, "RECIPIENT shall immediately make good -faith efforts to gain compliance
with local, state or federal rates 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 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
Memorandum of Understanding 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-CV
FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and
expenditure of CDBG-CV 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 Memorandum of
Understanding is executed.
I. Record Keeping
ftortin . 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 CDBG BEGS, including the following;
(1) Records
a. Documentation evidencing program income requirements in conformity with 24 CFR
570.504(b)(2)(i), (it) and 24 CFR 570.503(b)(3) and 24 CPR 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/ethnicity, and income verification of all household members ages 18 and over.
d. Documentation of all CDBG-CV FUNDS received from CITY,
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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-CV 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) Eg orts
a. Payment Request, Concurrently with the submittal of each report, SUBRECIPIBNT
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, timesheets, payroll. records, benefit statements, Memorandum of Understanding
s, contracts or documentation pertaining to costs for subcontractors, and/or other documentation
supporting and evidencing how the CDBG-CV FUNDS have been expended during the applicable
term.
b. Progress Reports. 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 Memorandum of Understanding , 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.
I. Access 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 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
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 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-CV FUNDS of SUBRECIPIENT and all
documents related to this Memorandum of Understanding shall be maintained and kept available at
SUBRECIPIENT'S office or place of business for the duration of the Memorandum of Understanding
and thereafter for five (5) years from the date of final payment under this Memorandum of Understanding
. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of
the performance of this Memorandum of Understanding ; or, (b) costs and expenses of this Memorandum
of Understanding 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 CARES Act and the ACT, as
amended, and that expenditures of these funds shall be in accordance with the CARES Act, 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 Memorandum of
Understanding , 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 Memorandum of Understanding.
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 patty which is debarred or suspended or is otherwise excluded from or ineligible for
participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension",
See also 24 CUR 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 or 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 Memorandum of
Understanding , SUBRECWIENT 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 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. SUBRECIPIENT agrees that the performance of obligations
herounder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Memorandum of Understanding or any prior Memorandum
of Understanding whereby CDBG-CV funds were received by SUBRBCIPIENTT, 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 fraudulent activity to obtain and/or justify expenditure of the CDBG-CV
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 Memorandum of Understanding . 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 Memorandum of Understanding to pay for entertainment, meals or gifts, or other
prohibited uses.
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S. Lobbvine. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CPR Part 87, which provide that no appropriated funds may be expended by the
recipient of a federal contract, grant, loan or cooperative Memorandum of Understanding 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 Memorandum of Understanding and the
extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative
Memorandum of Understanding . SUBRECIPIENT shall sign a certification to that effect in a form as act
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 Memorandum of
Understanding and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT
under the terms and conditions of this Memorandum of Understanding
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 Memorandum of Understanding , 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 under
grants, loans, and cooperative Memorandum of Understanding s), 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-CV funds to pay
salaries and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to CDBG-CV activities assisted under the terms of this Memorandum of
Understanding , 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 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
Memorandum of Understanding , The SUBRECIPIENT agrees to comply with the Copeland Anti -Dick
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 requirements of this part, Such documentation shall be mado 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 prof ect 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 hi 24 CFR 135, and all applicable rules and orders issued hereunder
prior to the execution of this Memorandum of Understanding • Compliance with the foregoing requirements
shall be a condition of the federal financial assistance provided under this Memorandum of Understanding
and binding on the SUBRBCIPIENT. Failure to fulfill these requirements shall subject the SUBRECIPIENT,
its successors and designees, to those sanctions specified by the Memorandum of Understanding through
which federal assistance is provided. The SUBRECIPIENT cortifres 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-CV Funds shall provide equal
employment opportunities for minorities and women,
W. Drug Free Workplace, SUBRECIPIENT agrees to provide a drug -free workplace 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 at.
"RECIPIENT 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 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 (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 Memorandum of
Understanding 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
Memorandum of Understanding, 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 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 Fands. On April 2, 2020, the CITY received notice of an award of $3,374,017 in
CDBG-CV funds from HUD in response to the COVM-19 pandemic. Subject to the terms of this
Memorandum of Understanding , CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal
funds are received a sum not to exceed OneI3undred, Fifty Thousand Dollars $150 000 00) for
SUBRECIPIENT'S performance in accordance with the Budget attached hereto as Exhibit B during the term
of this Memorandum of Understanding , Payments shall be made to SUBRECIPIENT through the
submission of invoiom/reimburrsement 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 Memorandum of Understanding and that SUBRECIPIENT is in compliance with the
terms and conditions of this Memorandum of Understanding . 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, Memorandum of
Understanding s, contracts or documentation pertaining to costs for subcontractors, and/or other
documentation supporting and evidencing how the CDBG-CV FUNDS have been expended during the
applicable term,
B. Audit of Account. CITY shall include an audit of the accormt maintained by
SUBRECIPIENT in CITY's audit of all CDBG-CV 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 grant and subgrant supported aetivities. 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, ftmetion 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 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 Memorandum of
Understanding . 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 submitted, the CITY shall notify the SUBRECIPIENT in writing of its
determination specifying in full detail the objections that it has to the SUBRECIPIENT's performance. If
action to correct such substandard performance is not taken by the SUBRECIPIENT 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. NONDISCRIMINATION
A. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires that during the
performance of this Memorandum of Understanding , SUBRECIPIENT agrees not to discriminate against
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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
denied the benefits o% 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 Memorandum of Understanding. 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
Housing 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 Memorandum of Understanding, 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 Or INTEREST
Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200,112,
"RECIPIENT 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-CV FUNDS, shall
serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of
"RECIPIENT shall. be fully disclosed in writing prior to the execution of this Memorandum of
Understanding and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall
be sent by SUBRECIPIENT to CITY regardingany changes or modifications to its board of directors and list
of officers.
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-CV funds, in accordance with 24 CFR
570.2000);
10
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 terms of this Memorandum of Understanding 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 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 SUBRECIP]ENT.
D. The portion of a facility used to provide public services assisted in whole or in part under this
Memorandum of Understanding 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-CV 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 an incidental portion of the CDBG-CV expenditure for rendering the services
Linder said program,
VL PROHIBITION OF' NEPOTISM
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded
through this Memorandum of Understanding If a member of that person's immediate 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, 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.
VE NOTIC);S
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
Conarrunity Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO "RECIPIENT: Carlos De La Riva
801 W Civic Center Drive
Suite 200
Santa Ana, CA 92701
11
VHI. ASSIGNABILITY
None of the duties of, or work to be performed by, SUBRECIPIENT under this Memorandum of
Understanding 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 Memorandum of
Understanding s that relate to this Memorandum of Understanding to CITY. No subcontract or assignment
shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Memorandum of
Understanding .
IX. HOLD HARMLESS
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 my 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 fiom 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 SUBRECIPIENf's performance of this Memorandum of Understanding
X.INSURANCE
1. Commercial General Liability. SUBRECIPIENT agrees to obtain and keep in force
during the torm of this Memorandum of Understanding 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 Memorandum of Understanding. 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
Memorandum of Understanding , 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 Memorandum of Understanding ;
and (4) replace such certificates for policies expiring prior to the expiration of this Memorandum of
Understanding
12
2. Automobile Liability Coverage. SUBRECIPIENT shall also obtain and maintain, during
the effective,period of this Memorandum of Understanding , 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 Memorandum of
Understanding, 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 Memorandum of Understanding, 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 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 term of this
Memorandum of Understanding 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. SUBRECIPWM 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 Memorandum of Understanding. Said insurance shall be in the amount of the fill
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 Memorandum of Understanding. SUBRECIPIENTunderstands that
CITY will make no payments under this Memorandum of Understanding until the required certificates
and endorsements have been approved by CITY.
XI. REVERSION Or, ASSETS
A. Upon the expiration of this Memorandum of Understanding , SUBRECIPIENT shall transfer to
CITY any CDBG-CV funds on hand at the time of the, expiration of this Memorandum of Understanding as
well as any accounts receivable attributable to the use of CDBG-CV funds. [24 CFR 570.503(b)(7)]
B. Any real property under SUBRECIPIENT'3 control that was acquired or improved in whole or in
part with CDBG-CV funds in excess of $25,000.00 must either be:
1. 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 Memorandum of
Understanding, or for such longer period of time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph 1 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 herein, title to equipment acquired under the terms of this
Memorandum of Understanding will vest upon acquisition in "RECIPIENT. When said equipment
13
which has been acquired in accordance with this Memorandum of Understanding and all applicable
regulations is no longer needed for said program, disposition of said equipment will be made as follows:
1. Items of equipment with a current per unit fair market value of less than $5,000.00
may be retained, sold of 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 Memorandum. of Understanding executed in furtherance of the services and activities to be
performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s), quit claim dcod(s) or
such other and further instruments, documents and Memorandum of Understanding s as may be necessary, in
the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENf's right, title and interest (if
any it may have) in and to CITY, CDBG-CV or other federal, state and/or local accounts or program funds or
allocation of frmds 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 Memorandum of Understanding
or any previous Memorandum of Understanding s relating to the same subject matter or activities as this
Memorandum of Understanding , 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 Memorandum of Understanding and shall survive the date of
termination of this Memorandum of Understanding 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 HUD.
XH. TERMINATION
A. This Memomdum of Understanding maybe 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 Memorandum of Understanding may be suspended or terminated by CITY upon five (5)
days' written notice for violation by "RECIPIENT of Federal Laws governing the use of CDBG-CV
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 Memorandum of
Understanding 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 Memorandum of
Understanding, 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
14
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 Memorandum of Understanding 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 be terminated.
However, if in the case of a partial termination, the CITY determines that the remaining portion of the award
will not accomplish the purpose for which the award was made, the CITY may terminate the award in its
entirety.
E. The grant of funds under this Memorandum of Understanding may be terminated due to the non-
performance of SUBRECIPIENT 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 forth therein•.
F. The grant of funds under this Memorandum of Understanding may be terminated due to the
failure of the CITY to receive sufficient or anticipated funding from HUD for the CDBG-CV program for
any term subject to this Memorandum of Understanding,
G. In the event this Memorandum of Understanding is terminated as set forth in subparagraphs
XII.A. through XII.F., 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 ASSETS" of this Memorandum of Understanding.
X111. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG-CV funds, which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Memorandum of Understanding in order to take account of actions
affecting HUD program funding. In the event of funding reduction, CITE' may, in its sole and absolute
discretion, reduce the budget of this Memorandum of Understanding 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 unoonmvtted 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
Memorandum of Understanding , CrIY'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 Memorandum of
Understanding 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 Memorandtmi of Understanding , CITY may
suspend the operation of this Memorandum of Understanding 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 I -IUD cash withdrawal guidelines.
XIV.. EXCLUSIVITY AND AMENDMENT OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding supersedes any and all other Memorandum of Understanding
s, either oral or in writing, between the parties hereto with respect to the use of CITY's CDBG-CV funds by
SUBRECIPIENT and contains all the covenants and Memorandum of Understanding s between the parties
with respect to such employment in any manner whatsoever. Each party to this Memorandum of
15
Understanding aelmowledges that no representations, inducements, promises or Memorandum of
Understanding a, 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 Memorandum of Understanding or amendment hereto shall
be effective unless executed in writing and signed by both CITY and SUBRECIPIENT.
XV, LAWS GOVERNING THIS MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding 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:
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.
XVII. VALIDITY AND SEVERABH,ITY
The invalidity in whole or in part of any provision of this Memorandum of Understanding sball not
void or affect the validity of any other provision of this Memorandum of Understanding . Whenever
passible, each provision of thus MEMORANDUM OF UNDERSTANDING shall be interpreted
in such manner as to be effective and valid under applicable law, but if any provision of this
MEMORANDUM OF UNDERSTANDING 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 MEMORANDUM OF
UNDERSTANDING.
XV11L WAIVER
16
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 Memorandum of
Understanding 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 Memorandum of Understanding s 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 Memorandum of Understanding herein contained.
XLX. DUPLICATION OF BENEFITS CERTFICATION FOR CDBG-CV FUNDS
a. As part of the CARES Act and described in the Community Development Block Grant
CARES Act (CDBG-CV) Federal Register Notice (FR-6218-N-01), HUD must ensure that there are
adequate procedures in place to prevent any duplication of benefits as required by Section 312 of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended by section
1210 of the Disaster Recovery Reform Act (DRRA) of 2018 as described in Exhibit F.
XX. MISCELLANEOUS PROVISIONS
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 Memorandum of Understanding , 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,
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Memorandum of 'Understanding.
(Signatures on followingpage)
17
A-2020-251-02
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last dale and year
written below.
ATTEST:
DAISY GOMEZ
lerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
QN--
By: Q. HODGE
Ass' t City Attorney
FOR APPROVAL:
STEVEN MENDOZA
Executive Director
Community Development Agency
M
CITY OF SANTA ANA
� — C1u
KRS TINE RIDGE
City Manager
SAWC
04 & aA-,r,
Carlos De La Riva
SA -WC Director-
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 -WORK Center
Name of Funded Program Santa Ana Works -Employment Training Program
Annual Accomplishment Goal
to be served
Schedule of Performance
Unduplicated
(estimated) Participants
Quarter 1: APR 1 - JUNE 30 Li
Quarter 2: JUL 1 - SEP 30Quarter 3: OCT 1 - DEC 31Quarter 4: JAN 1 - MAR 31
and Funding Description
contract period.
150 Low Income Participants 100./
Estimated
Invoicing
$ 38,000.00
$ 38,000.00
$ 37,000.00
$ 37,000.00
$ 150,000,00
te Santa Ana WORK Center will recruit from people, whose employment status has been affected bythe COVID-19 pandemic, Prior
the start of the Corona Virus Pandemic, the City of Santa Ana was experiencing one of the best Unemployment rates in decades. In
arch 2020, the State of California's Labor Market Information Division reported that Santa's Unemployment rate was at 3.80h.
)waver, the stay at home orders which occurred as a result of the Pandemic were catastrophic for Santa Ana residents. During the
mmer of 2020, the City's Unemployment rate, was reported to be 14.9%. The current labor market improved slightly as 2020
me to an end but the second stay at home order has erased a majority of the gains. Industry sectors that commonly employ our
datents have continued to decline. For example, Leisure, Hospitality and food service sector account for nearly 60% of the job loss.
re program model alms to equip Santa Ana residents with the ability to be reemployed.
)gram components will be delivered either in person or remotely. The program contains a 40-hour curriculum, which will
over a 4 week period not including job search. The first two weeks of the program will provide guidance in career
ation and life planning. The second two -week portion of the program will focus on entry career job search. As program
jants navigate through the components of the model, they will complete a career journal, tracking their career development
Santa Ana Works Model arose from the need to offer meaningful services to people facing barriers to employment The design
ie program based on solid career development theory covers the entire career development process including motivation
ling with insecurities and supported job search, Career development is the opposite of job placement. job placement deals with
immediate need of finding ajob without looking at the inner motivation factors of the whole person. Career development on the
3r hand, acknowledges the need of findingwork but asks the person to invest energy in Identifying their motivation and goals in
or to deffne career paths. The result is a plan of action that not only includes work but also a road map to get abetter job in the
ire. The comprehensive Santa Ana Worlo Model covers the entire career development process, from stabilization and beyond job
:ement, These five vital components, plus job search, represent the content of the model, the lessons offered to candidates.
EXHIBIT A
FISCAL YEAR 2020-2021
PROGRAM BUDGET
Organization Name City of Santa Ana -WORK Center
Program Name Santa Ana Works -Employment Training Program
EXPENDITURES
Enter budget cateaories and nroiected exnenditures fnr the nrnnnsad nrnomm-
Category
Expenditures
Funded By
Santa Ana
CDBG
Expenditures
Funded By
Other Sources
Program
Budget
Total
Organization
Budget
Administrative Staff Salaries
$15,000
$15,000
Program Staff Salaries
$115,300
$115,300
Contractual/Professional Services
$0
$0
Rental Fees
$5,064
$5,064
Materials
$1,000
$1,000
0
$0
$0
0
$0
$0
0
$0
$0
0
$0
$0
0
$0
$0
TOTAL Direct Costs
$136,364
$0
$136,364
$0
Indirect Costs 10%
$13,636
$13,636
OTAL BUDGET
$150,000
$0
$150,000
$p
* 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 listed above.
FUNDING SOURCE AMOUNT
Santa Ana CDBG $ 150,000
TOTAL $ 150,000
EXHIBIT B
2020-2021 CDBG BUDGET LINE ITEMS
ADMINISTRATIVE STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested
Description
Economic Development
Specialist III
$ 121,032
$ 9,000
Carlos de la Riva will oversee program to assure
programmatic compliance.
,Sr. Administrative Aide
$ 25,000
$ 6,000
Audrey Goodson will provide financial related services
on behalf of WORK Center.
PROGRAM STAFF
Position Title
Annual Salary
& Benefits
CDBG Funds
Requested
Description
Workforce Specialist II
$ 115,300
$ 115,300
Evelyn Lenz, will recruit, assess, train and provide career
coaching to progrfam participants.
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Contract
Amount
CDBG Funds
Requested
Description
$ -
$
OTHER LINE ITEMS
Line Item
Program
Amount
CDBG Funds
Requested
Description
Rental Fees
$ 5,064
$ 5,064
Fees associated with cost of program space.
Materials
$ 10,000
$ 1,000
purchased for program participants.
Indirect Cost 1094o
$ 13,636
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 C.FR Part 98, Section 98.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26,1988 Federal Register (pages 19160-192I1).
(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 funds 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
C//v12.02/
Signature Date
EXHIBIT C
Page 1 of 2
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 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," "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 funds 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.
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 Parties Excluded from Procurement or Non -
Procurement Promms,
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 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 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
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of 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 Lander 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.
14A-6- avlo- Mix C"4-u
Gr nt�_ee�,/Contactor Organization Program Title
Name of Certifying Officer Signature Date
EXHIBIT D
Page 1 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 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 environmental 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
Certification Regarding Druct-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.
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 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.
(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 2
(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), (a) 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.
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):
50-Vk� n 11 G,., 1. -4 4j2q-v1
Organization
Authorized Signature Date
EXHIBIT E
Page 2 of 2
City of Santa Ana
Duplication of Benefits Certification for CDBG-CV funds
A duplication of benefits occurs when a person, household, business, government, or other entity receives financial
assistance from multiple sources for the same purpose, and the total assistance received for that purpose is more
than the total need for assistance. Duplication of benefits occurs when Federal financial assistance is provided to a
person or entity through a program to address losses and the person or entity has received (or would receive, by
acting reasonably to obtain available assistance) financial assistance for the same costs from any other source
(including insurance), and the total amount received exceeds thatotal need forthose costs.
The CARES Act requires HUD to ensure that there are adequate procedures in place to prevent any duplication of
benefits as required by section 312 of the Stafford Act, as amended by section 1210 of the Disaster Recovery Reform
Act of 2018 (division D of Public Law 115-254; 42 U.S.C. 5121 et seq.) and all applicable Federal Register notices,
including FR-6218-N-01.
HUD requires each grantee to have procedures in place to prevent the duplication of benefits when it provides
financial assistance with CDBG-CV funds. Grant funds may not be used to pay for a cost if another source of financial
assistance is available to pay forthe same cost.
This certification must be completed by any subrecipient, individual or family, business, direct beneficiary, or other
entity that receives assistance and serves to document compliance with the CARES Act requirement to ensure that
there are adequate procedures in place to prevent any duplication of benefits as required by section 312 of the
Stafford Act, as amended by section 1210 of the Disaster Recovery Reform Act of 2018 (division D of Public taw
115-254; 42 U.S.C. 5121 et seq.) and all applicable Federal Register notices, Including FR-6218-N-01.
I, I Pc1tIBOS G[Ci 14 P/GCz �CCN)esrNEG 1 21�,11/neti� ISy'
(Name/title of business owner(s), sub grantee (Public Social Service Entity), sub recipient, direct beneficiary, other entity)
Hereby certify that:
A. The Community Development Block Grant -CV Funds, awarded to:
through the Coronavirus Aid, Relief and Economic Security Act
(CARES Act) does not duplicate/replace any other funds, and/or any funds from the following sources:
1. The Paycheck Protection Program
2. Unemployment compensation benefits
3. Insurance claims/proceeds
4. Federal Emergency Management Agency (FEMA) funds
5. Small Business Administration funds
6. Other Federal, State or local funding
7. other nonprofit, private sector, or charitable funding,
B. Further, this executed certification serves to acknowledge that any subgrantee, subrecipient, individual
or family, business, direct beneficiary, or other entity understands and agrees that the CDBG-CV funds
must be repaid If it is determined that such assistance is determined to be duplicative.
�2 J �d2
Signature and date of:
Business owner(s), sub grantee (Public Social Service Entity), subrecipient, direct beneficiary, or other entity
DH CD Original Version 9.2.2020 —This form maybe subject to change pending additional HUD guidance.
Exhibit F