HomeMy WebLinkAboutOPERATION CLEAN SLATE_. :3
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
OPERATION CLEAN SLATE FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS''
ThI Agreement, made and entered into this day of
fir?r! r 2000, by and between the City of Santa Ana, --a • municipal
corporation of the State of California ("CITY")_and Operation Clean Slate, a California
nonprofit corporation ("SUBRECIPIENT"),
W I T N E S S E T H
Recitals:
1. CITY is the recipient of Community Development Bloch Grant ("CDBG")
funds from the United States Department of Housing and Urban Development ("HUD")
pursuant to Title I of the Housing and Community Development Act of 1974, as amended
("ACT").
2. CITY desires to engage SUBRECIPIENT to provide the services described
in "Exhibit B," hereinafter referred to as "said program" and SUBRECIPIENT represents
that it is qualified and willing to operate said program.
WHEREFORE, for and in consideration of the respective and mutual
covenants hereinafter contained and made, and subject to all the terms and conditions
hereof, the parties hereby agree as follows:
A. 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 B," attached hereto and by this reference incorporated herein. SUBRECIPIENT'S
failure to perform as required may, in addition to other remedies set forth in this
Agreement, result in readjustment of the amount of funds CITY is otherwise obligated to
pay to SUBRECIPIENT under Paragraph II hereof.
B. SUBRECIPIENT agrees to complete said program on or before June 30,
2001 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
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similarly situated employees. Other allowable program costs are detailed in the Budget,
as set forth in "Exhibit A," attached hereto and by this reference incorporated herein.
SUBRECIPIENT shall use all income received from said funds only for the same purposes
for which said funds may be expended pursuant to the terms and conditions of this
Agreement.
---C. SUBRECIPIENT agrees to obtain and maintain all requifed 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.
D. SUBRECIPIENT agrees that any facilitylproperty 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, SUBRECIPIENT shall
immediately make good -faith efforts to gain compliance with local, state or federal rules
and regulations following written notification of said violation(s) from the CITY or other
authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending
violations. Failure to notify CITY of pending violations, or to remedy such known
violation(s) shall result in termination of grant 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.
E. All funds received by SUBRECIPIENT from CITY pursuant to this
Agreement shall be separately accounted for apart from any other funds of
SUBRECIPIENT, or of any principal or member of SUBRECIPIENT.
SUBRECIPIENT agrees that if SUBRECIPIENT receives Three Hundred
Thousand Dollars ($300,000.00) or more in CDBG funds under the terms of this
Agreement, 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 October 1 of the year following the program year in which this
Agreement is executed.
F. SUBRECIPIENT shall keep records of all funds received from CITY under
the terms and conditions of this Agreement in accordance with the procedures set forth in
the "Agreement Accounting and Administrative Handbook" of CITY, a copy of which shall
be provided to SUBRECIPIENT by CITY.
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SUBRECIPIENT agrees to keep monthly 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, number of female heads of households, and number of senior citizens assisted.
SUBRECIPIENT agrees to provide CITY with written cumulative (year-to-
date) reports of its activities on or before the 15th day of October, January, April and July
for the period beginning July 1, 1999 and through and including the previous three-month
reporting period setting forth the activities, program accomplishments, new program
information and year-to-date program statistics on expenditures, caseload and activities.
When appropriate, pictures should be included.
CITY and the United State Government and/or their representatives 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/or their representatives 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 are 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.
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.
G. All accounting records and evidence pertaining to all costs of
SUBRECIPIENT and all documents related to this Agreement shall be kept available at
SUBRECIPIENT's office or place of business for the duration of the Agreement and
thereafter for four (4) years after completion of an audit. Records which relate to
(a) complaints, claims, administrative proceedings or litigation arising out of the
performance of this Agreement, or (b) costs and expenses of this Agreement to which
CITY or any other governmental agency takes exception, shall be retained beyond the four
(4) years until resolution or disposition of such appeals, litigation, claims, or exceptions.
H. SUBRECIPIENT acknowledges that the funds being provided by CITY for
said program are received by CITY pursuant to the ACT as amended and that
expenditures of these funds shall be in accordance with the ACT and all pertinent
regulations issued by agencies of the federal government, including, but not limited to, all
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regulations found at Title 24 of the Code of Federal Regulations and the certifications more
particularly set forth in "Exhibit C," attached hereto and by this reference incorporated
herein. 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.
I. SUBRECIPIENT shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any
change in the corporate status or suspension. of SUBRECIPIENT shall be reported
immediately to CITY.
J. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information
provided to it concerning participants in accordance with the requirements of federal and
state law. However, 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.
K SUBRECIPIENT agrees that the performance of obligations hereunder are
rendered in its capacity as an independent contractor and that it is in no way an agency of
CITY.
L SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms
and conditions of this Agreement or any prior Agreement whereby CDBG funds were
received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit
there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the
acts or omissions causing the disallowance or repay CITY all amounts spent in violation
thereof.
M. 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.
N. SUBRECIPIENT hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts.
O. SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 1352)
and regulations found at 24 CFR Part 87, which provide that no appropriated funds may
be expended by the recipient of a federal contract, grant, loan or cooperative agreement to
pay any person for influencing or attempting to influence an officer or employee of any
agency, Member of Congress, or an officer or employee of a Member of Congress in
connection with awarding of any federal contract, the making of any federal grant or loan,
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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 herein. SUBRECIPIENT shall submit
said signed certification to CITY prior to performing any of its obligations under this
Agreement and prior to any obligation arising on the part of CITY to pay any sums to
SUBRECIPIENT under the 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, loan, or cooperative
agreement, the undersigned shall complete and submit a "Disclosure Form to Report
Lobbying," in accordance with its instructions.
P. SUBRECIPIENT agrees that except for the use of CDBG funds to pay
salaries and other related administrative or personnel costs, no persons who exercise or
have exercised any function with respect to CDBG activities assisted under the terms of
this Agreement, or who are in a position to participate in a decision -making process or gain
inside information with regard to such activities, may obtain a financial interest or benefit
from a CDBG-assisted activity of SUBRECIPIENT, either for themselves or those with
whom they have family or business ties, during their tenure or for one year thereafter. This
prohibition applies to any person who is an employee, agent, consultant, officer, or elected
or appointed official of CITY, or of any designated public agencies, or the
SUBRECIPIENT.
IL CITY`S OBLIGATIONS
A. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to
SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for
CITY's 2000-01 CDBG program year amounts expended by SUBRECIPIENT in carrying
out said program for fiscal year 2000-01 pursuant to this Agreement up to a maximum
aggregate payment of Twelve Thousand Dollars ($12,000.00) in installments determined
by CITY. - Payments shall be made to SUBRECIPIENT through the submission of
periodic invoices, in a form prescribed by CITY, detailing such expenses. CITY shall pay
such invoices within thirty (30) days after receipt thereof provided CITY is satisfied that
such expenses have been incurred within the scope of this Agreement and that
SUBRECIPIENT is in compliance with the terms and conditions of this Agreement.
B. CITY shall include an audit of the account maintained by SUBRECIPIENT
pursuant to Paragraph I.F. hereinabove in CITY's annual audit of all CDBG funds in
accordance with applicable federal regulations.
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III. PROGRAM INCOME
A. "Program income," as defined at 24 CFR 570.500(a), means gross income
received by the SUBRECIPIENT directly generated from the use of CDBG funds, except
as provided below in Paragraph III.C. When such income is generated by an activity that
is only -.partially assisted with CDBG funds, the income shall be prorated Ito• reflect the
percentage of CDBG funds used.
B. Program income includes, but is not limited to the following:
1. Proceeds from the disposition by sale or long term lease of real
property purchase or improved with CDBG funds; .
2. Proceeds from the disposition of equipment purchased with CDBG
funds, except as provided in 24 CFR 570.500(a)(3).'
3. Gross income from the use or rental of real or personal property
acquired by the SUBRECIPIENT with CDBG funds, less the costs incidental to the
generation of such income;
4: Gross income from the use or rental of real property owned by the
SUBRECIPIENT that was constructed or improved with CDBG funds, less the costs
incidental to the generation of such income;
CDBG funds;
5. Payments of principal and interest on loans made using CDBG funds;
6. Proceeds from the sale of loans made with CDBG funds;
7. Proceeds from the sale of obligations secured by loans made with
8. Interest earned on funds held in a revolving fund account;
9. Funds collected through special assessments made against
properties owned and occupied by households not of low and moderate income, where
such assessments are used to recover all or part of the CDBG portion of a public
improvement.
C. Program income does not include income earned (except for interest
described in 24 CFR 570.513) on grant advances from the U.S. Treasury. The following
items of income earned on grant advances must be remitted to HUD for transmittal to the
U.S. Treasury, and will not be reallocated under section 106(c) or (d) of the ACT:
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1. Interest earned from the investment of the initial proceeds of a grant
advance by the U.S. Treasury;
2. Interest earned on loans or other forms of assistance provided with
CDBG funds that are used for activities determined by HUD either to be ineligible or to fail
to meet a national objective or other federal criteria [24 CFR 570.500(a)(2)] _ �.
3. Interest earned on the investment of amounts reimbursed to the
CDBG program account prior to the use of the reimbursed funds for eligible purposes.
D. The receipt of program income (as defined in Paragraph III.A. hereinabove)
by SUBRECIPIENT in the operation of said program shall be recorded by
SUBRECIPIENT and reported to CITY.
E. Program income received by SUBRECIPIENT shall be returned to CITY
unless otherwise provided for in this Agreement.
IV. NONDISCRIMINATION
SUBRECIPIENT agrees that no person on the ground of race, color, national origin,
religion or sex will be excluded from participation in, be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
CDBG funds.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in
connection with the provision of the services SUBRECIPIENT shall provide with CDBG
funds:
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 Agreement on the
basis of religion and shall not limit such services or give preference to applicants for such
services on the basis of religion,
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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.
D. Where the services to be provided under said program are rendered on
property owned by the primarily religious entity SUBRECIPIENT, CDBG funds may also
be used for minor repairs to such property which are directly related to the cost of
rendering the services under said program, where the cost constitutes in dollar terms only
an incidental portion of the CDBG expenditure for rendering the services under said
program.
VI. PROHIBITION OF NEPOTISM
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a
position funded through this Agreement if a member of that 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.
VII. 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
TO SUBRECIPIENT: Mike Howard, Executive Director
OPERATION CLEAN SLATE
1578 Minorca Drive
Costa Mesa CA 92626
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Vlll. ASSIGNABILITY
SUBRECIPIENT shall not assign nor transfer any interest in this Agreement,
whether by assignment or novation, without the prior written consent of CITY; provided,
however, that claims for money due or to become due SUBRECIPIENT from CITY under
this Agreement may be assigned to a bank, trust company or other financial institution, or
to a .trustee in bankruptcy, without such approval. Notice of any such -assignment or
transfer shall be promptly furnished to CITY.
IX. HOLD HARMLESS
SUBRECIPIENT shall indemnify and save harmless CITY, its officers, employees,
agents, representatives and volunteers from and against any and all damages to or for
loss of use of property and for injuries to or death of any person or persons, including
property and employees or agents of CITY, and shall defend, indemnify and save
harmless CITY, its officers, employees, agents, representatives and volunteers from and
against any and all claims, demands, suits, actions or proceedings of any kind or nature,
including, but not by way of limitation, workers compensation claims and including attorney
fees and reasonable expenses for litigation or settlement, resulting from or arising out of
the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its officers,
directors, employees, agents, subcontractors and suppliers arising out of
SUBRECIPIENT's performance of this Agreement.
X. INSURANCE
A. SUBRECIPIENT shall furnish the CITY Clerk's Office with an insurance
certificate from its workers compensation insurance carrier certifying that it carries such
insurance as established and required under California law and that the policy shall not be
canceled nor the coverage reduced except upon thirty (30) days prior notice to CITY.
B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of
commercial general liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence.
Such insurance shall: (1) name the City of Santa Ana, its officers, agents,
representatives, employees and volunteers as additional insureds; (2) be primary with
respect to insurance or self-insurance programs maintained by the CITY; (3) contain
standard separation of insureds provisions; and (4) give to CITY prompt and timely
notice of claim made, or suit instituted arising out of SUBRECIPIENT`s operations
hereunder.
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SUBRECIPIENT shall: (a) 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; (b)
provide that such insurance shall not be materially changed or terminated except on 30
days prior written notice to the CITY; (c) maintain such insurance for the period covered
by this Agreement; and (d) replace such certificates for policies expiring prior to the
expiration of this Agreement.
XI. REVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to
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 CDBG funds. 124 CFR 570.503(b)(8).j
B. Any real property under SUBRECIPIENT's control that was acquired or
improved in whole or in part with CDBG funds in excess of $25,000.00 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
Agreement, or for such longer period of time as determined to be appropriate by CITY; or
2. If not used in accordance with subparagraph A 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 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:
1. Items of equipment with a current per unit fair market value of less
than $5,000.00 may be retained, sold or otherwise disposed of with no further obligation to
CITY.
2. Items of equipment with a current fair market per unit value of
$5,000.00 or more may be retained or sold and CITY shall have the right to an amount
calculated by multiplying the current market value or proceeds from the sale by CITY's .
share of federal funds used to acquire the equipment, in accordance with 24 CFR
85.32(e)(2),
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D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute,
acknowledge and deliver, or cause any person or entity who may have any claim to rights
hereunder or under any document, instrument or agreement executed in furtherance of the
services and activities to be performed hereunder, to execute, acknowledge and deliver, to
CITY assignment(s), quit claim deed(s) or such other and further instruments, documents
and agreements as may be necessary, in the sole and absolute discretion of CITY, to vest
in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in_ -and to CITY,
CDBG or other federal, state and/or local accounts or program funds or allocation of funds
to which CITY is or may be entitled, either for its own account or as fiduciary or trustee for
others, which were obtained for the purpose of the performance of this Agreement or any
previous agreements relating to the same subject matter or activities as this Agreement,
together with any instruments, loans, grants or advances by SUBRECIPIENT on behalf of
CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph
"XI. REVERSION OF ASSETS " and in paragraphs "XII. TERMINATION" and
"Ill. PROGRAM INCOME" shall not be affected by the termination of this Agreement and
shall survive the date of termination of this Agreement for such period of time as CITY
and/or HUD deems necessary for the responsibilities, duties and obligations to be
performed and completed to the satisfaction of CITY and HUD.
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by
either party. In the event of such termination, SUBRECIPIENT shall only be entitled to
reimbursement for approved expenses incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5)
days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of
Community Development Block Grant Funds. In the event of such suspension or
termination, SUBRECIPIENT shall only be entitled to reimbursement for approved
expenses incurred up to the effective date of suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing
to fulfill all or any of its obligations hereunder, CITY may declare a default and termination
of this Agreement by written notice to SUBRECIPIENT, which default and termination shall
be effective on a date stated in the notice which is to be not less than ten (10) days after
certified mailing or personal service of such notice, unless such default is cured before the
effective date of termination stated 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
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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
in accordance with 24 CFR 85.44.
E. In the event this Agreement is terminated as set forth in subparagraphs
XII.A. through XII.D., 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
Agreement.
Xpl. LIMITATION OF FUNDS
The United States of America, through HUD, 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 SUBRECIPIENT's 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,
CITY's City Manager or delegate is authorized to act for CITY in implementing and
effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may
suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written
notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of
such questions. In no event, however, shall any revisions made by CITY affect
expenditures and legally binding commitments made by SUBRECIPIENT before it
received notice of such revision, provided that such amounts have been committed in
good faith and are otherwise allowable and that such commitments are consistent with
HUD cash withdrawal guidelines.
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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 CITY's CDBG funds by
SUBRECIPIENT and contains all the covenants and agreements between the parties with
respect to such employment in any manner whatsoever. Each party to thls 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.
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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,
-.,--IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the last date and year written below.
DATED: s- - / - (aO
PATRICIA E. HEAL
Clerk of the Council
DATED:
00-01 AGMt CDBG Op Clean Slate
CITY OF SANTA ANA,
AVID D N. �RE A
City Manager
io EPH 'FLETCHER,
City Attorney
M A URk""FAV0101MM"A MM111
MICHAEL HOWARI)d Executive Director
4
COLLEEN RASHFIR�f/,Vice President/
Board of Directors
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
2000-2001 BUDGET
OPERATION CLEAN SLATE
Executive Director .................................................... $5,760
ProjectCoordinator ............................... .... ............. .......2,1.60
AdministrativeAssistant.............................................1,680
Project Materials & Supplies.................................................1,750
Liability Insurance, Licenses & Permits....................n..............500
MiscellaneousExpenses...............................0...........................150
(Education, Film Development, Postage, Fax, Etc.)
TOTAL ............................. $1.2,000
EXHIBIT A
PROGRAM STATEMENT
Operation Clean Slate is a campus and community beautification program for youth. We
will implement our projects at park facilities and school campuses in the City of Santa
Ana.
Over 100 Santa Ana residents will be involved in our hands on beautification projects
that will take place at Salgado Center, Friendship Park, Mc Padden Intermediate School
and one other location to be named.
EXHIBIT B
Certification, Regarding Lobbying
Gertif ication for Contracts. Grants Loans, and Cooperative� Agj_ - n 1_- s
The undersigned certifies., to the best of his or - her knowledge and belief,, tT).at
(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 employe of a Member of Congress in connection with
the awarding of any Federal contract. the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement, and the
extension. CoUtinuatiou,, renewal, zme&ment, or- modific-ItiOu of any Federal
contract, grant, loan. or cooperative agreement-
(2) If any funds other. than Federal appropriated funds. have been paid or will
be paid to any person for influencing or attempting -to influence an Officer or
employee of any agency.. a Hetaber of Congress,- an officer or employee of Congress,
or an employee of a Member of- Congress in connection vitliL this Federal contract,
grant. loan, Or coopeiative agreement, the undersigned sbAll. complete and submit,
Standard Form-IML, '"Disclosare Form to Report Loblpyiug in accordance Vith its
instructions.
(3) The undersigned shall requ'xe . that the of this certification be
:LU13-11 in the avarii 4-oc,=euts for all subw4ards at' all. tiers (including
subcontracts. . subgrants, and. contracts vMder grants. loans, and. -cooperative
agreements) and that all subreelpients sbaU -,certify and disclose accordimgly.
This certification is a material representation of_fact.upou which reliance was
placed when -this transaction- vas- made or -entered -juto. � Submission of this
,Certification is a -prerequisite for naldmg -,or entering into this transactiouL
imposed by -section 1352, title 31, U_ S. Code.- Any person -Y&O - fails to.. file the
i:equired certificatiou- shall be subject to -a civil penalty of not less than-
�19,000 and not more than M0,000 for each such -failure-
Grantee/Cour-ractor Organization Program Title
It
iia�ie of Certi
fying Officer Signature Date
EXHIBIT C
Disclosure of Lobbying Activ. '7'-s
Complete L11is form to disclose lobbying activities pursuant to 31 U.S.C. 1352
(See reverse side for Instructions and Public Reporting burden statement)
1. typo of hecierai Action
❑a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
I. loan insurance
2. Status of Federal Action
❑a. bid/offer/application
b. initial award
c. post -award
4. Name and Address of Reporting Entity
❑ Prime ❑ Subawardee Tler , if known:
Congressional District, if known
a. veoerat uepartment/Agency
Approved by OMB 0348-0046
3. Report Type
❑a. initial filing
b. material change
For Material Change Only
year (yyyy) quarter
date of last report (mmiddlyyyy)_,�_ _
S. If Reporting Entity In No. 4 is Subawardee, enter Name and Address
of Prime _
Congressional District, if known
7. Federal Program Name/Description
CFDA Number, if applicable
8. Federal Action Number, if known
9. Award Amount, If known
100. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI)
b. Individuals Performing Services (Induding address If different from No. lea.)
(last name, first name, MI)
(attach continuation beet(s) if necessary)
11. Amount of Payment (check all that apply)
13. Type of Payment (check all that apply)
$ actual
punned a. retainer
12. Form of Payment (check all that apply)
b. one-tlme fee
Fla. cash
C. commission
b. in -kind; specify: nature
d. contingeni fee
value
e. deferred
f. other (specify)
14. Brief Description of Services Performed or to be
for Payment Indicated in Item 11
Performed and Date(s) of Service, Including officer(s), employee(s), or Member(s) contacted,
(attach continuation sheets) if necessary)
15. Continuation sheets attached 11(attach
❑ Na
a, fntormation requested through this form is authorized by Sec.319,
Pub. L. 101-121, 103 Stat. 750, as amended by sec. 10, Pub. L.104-
65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying activities
-is a material representation of fact upon which reliance was placed
by the above when this transaction was trade or entered Into. This
disclosure is required pursuant to 31 U.S.C. 1352. This Information
will be reported to the Congress semiannually and will be available
for public inspection. Any person who fails to file the required
disclosure shall be subject to a civil penalty of not less than $10,000,
and not more than $100,000 for each such failure.
Signature
Print Name -
Title
Telephone. No.
Date (mm/dd/v
Authorized for Local Reproduction
Standard Form-LLL (7/97)
ATTAPMENT _I TO EXHIBIT C -- PAGE 1 Of 2
instructions for Completion of SF-LLL, closure of Lobbying Activities
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt
of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required
for each payment or agreement to make payment to any lobbying entity for influencing or attempting to Influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with
a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing
guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying
activity is and/or has been secured to influence the outcome
of a covered Federal action.
2. Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report. If this is a
followup report caused by a material change -to the informa-
tion previously reported, enter the year and quarter in which
the change occurred. Enter the date of the last previously
submitted report by this reporting entity for this covered
Federal action.
4. Enter the full name, address, city, state and -zip code of the
reporting entity. Include Congressional District, if known.
Check the appropriate classification of the reporting entity
that designates if it is, or expects to be, a prime or subaward
recipient. Identify the tier of the subawardee, e.g., the first
subawardee of the prime is the 1,st tier. Sdbawards'include.but
are not limited to subcontracts, subgrants and contractawards
under grants.
5. If the organization filing the report in item 4• checks
"Subawardee", then enter the full name, address, city, state
and zip code.of the prime Federal recipient, Include Congres-
sional District, if known.
B. Enter the name of the Federal agency making the award or
loan commitment. Include at least one organizational level
below agency name, if known. For example, Department of
Transportation, United States Coast Guard.
7. .Enter the Federal program name or description for the cov-
ered Federal action (item 1). If known, enter the full Catalog of
Federal Domestic Assistance (CFDA) number for grants,
cooperative agreements, loans, and loan commitments.
8. Enter the most appropriate Federal identifying number avail-
able for the Federal action identified in Item 1 (e.g., Bequest
for Proposal (RFP) number; Invitation for Bid (IF13) number;
grant announcement number; the contract,_ grant, or loan
award number; the application proposal control number as-
signed by the Federal agency). Include prefixes, e.g., "RFP-
DE-90-001."
9. For a covered Federal action where there has been an award
or loan commitment by the Federal agency, enter the Federal
amount of the award/loan commitment for the prime entity
identified in item 4 or 5. -
-10. (a) Enter the full name, address, city, state and zip code of the
registrant under the Lobbying Dlsclostfre Adt",011995 engaged
by the reporting entity identified in item 4 to influence the
covered Federal action.
(b) Enter the full navies of the individual(s) performing ser-
vices, and include full address if different from 10 (a). Enter
Last Name, First Name, and Middle Initial (MI).
11. Enter the amount of compensation paid or reasonably ex-
pected to be paid by the reporting entity (item 4) to the
lobbying entity (item 10). Indicate whether the payment has
been made (actual) or will be made. (planned). Check all
boxes that apply. If this Is a material change report, enter the
cumulative amount of payment made or planned to be made.
12. Check the appropriate box (es). Check -all boxes that apply. _
If payment is made through an in -kind contribution, specify the
nature and value of the in -kind payment.
13. Check the appropriate box (es). Check all boxes that apply.
If other, specify nature.
14. Provide specific and detailed description of the services that
the lobbist has'performed, or will be expected to perform, and
the date(s) of any services rendered. prelude all preparatory
and related activity, not just the time spent in actual contact
with Federal officials. Identify the Federal official(s) or
employee(s) contacted or the offloer(s), employeo(s), or
Member(s) of Congress that were contacted.
15. Check whether or not a continuation sheet(s) are attached.
16. The certifying official shall sign and date the form, print his/her
name, title, and telephone number.
Public Reporting Burden for this collection of information Is estimated to average 30 minutes per response., including the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Please do not
return your completed form 16the.Offiee of Management and Budget; send It to the address provided by the sponsoring agency .
Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the
Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503.
ATTACHMENT I TO EXHIBIT C =- PAGE- -2 -of 2 Authorized for Local Reproduction
Standard Form-LLL (7/97)
EXHIBIT D
SUBRECIPIENT Warrants the following:
1_ SUBRECIPIENT will camply with Public Law 88-352, title VI of
the Civil Rights Act of 1964 (42 U.S_C_ §200o et sect_) and
implementing regulations in 24 CFR Part 1.
2_ No -person in the United States shall on the `ground of race,
color, religion, national origin, Lor sex, be excluded from
participation in, or be denied the benefits of, or be subjected to
discrimination under, any pram 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
gages at rates not less than those prevailing on similar
construction in the locality as determined in accordance�vith the
Davis -Bacon Act, as amended, 40 U.S.C. 5§276a-276a-5, except for
individuals who perfom services for which they volunteered;• do not
receive compensation•for :such •services; or are paid expenses,
reasonable •benefits, • or a nominal fee for suciX .services; • .and are
not otherwise employed at any time in construction. work;
4. SOBRECIPIEN`1' wi3.i.,comply.Ywith all Federal,..statutes, appiicable
to prof eats funded with cow amity development funds, except *that.
(a) SMRECIPIENT does not assume . C y4s environmental
responsibilities described at 24 CPR 570.604; and (b) SUBRECIPIEW
does not assume MtY's responsibility for initiating the review
Process under Executive Order 12372.