HomeMy WebLinkAboutS.A. PRCSA LOGAN CENTER 1 - 2003
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ATE 4 ~? --['<4 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
THE CITY OF SANTA ANA PARKS, RECREATION AND COMMUNITY SERVICES
AGENCY - LOGAN CENTER FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
A-2003-O74-63
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This Agreement, made and entered into this 1st day of July, 2003, by and between the City
of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and the
City of Santa Ana Parks, Recreation and Community Services Agency ("SUBREClPIENT").
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Recitals:
A. The CITY, as an entitlement recipient and grantee of the United States Department of
Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG")
Program, desires to enter this Agreement with the SUBREClPIENT for the expenditure of CDBG
funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
("CDBG REGS"); and
B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the
Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and
C. The SUBREClPIENT is an agency that has been selected by the CITY to receive CDBG
funds and administer such financial assistance; and to provide the services described in "Exhibit A,"
in accordance with the schedule of perfonnance included therein, hereinafter referred to as "said
program" and SUBREClPIENT represents that it is qualified and willing to operate said program.
D. The CITY and SUBREClPIENT have duly executed this Agreement for the expenditure of
such funds; and
WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a
substantive part of this Agreement and the following tenus and conditions are approved and
together with all exhibits and attachments hereto, shall constitute the entire Agreement between the
CITY and SUBREClPIENT:
I. SUBRECIPIENT'S OBLIGATIONS
A. Status - Representations and Warranties.
(a) Authority. SUBRECIPIENT is a duly organized and existing corporation in good
standing and authorized to do business under the laws of the State of California.
SUBREClPIENT has full right, power and lawful authority to accept the funding hereunder and
to undertake all obligations as provided herein and the execution, perfonnance and delivery of
this Agreement by SUBREClPIENT has been fully authorized by all requisite actions on the part
of SUBREClPIENT.
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(b) Experience. SUBREClPIENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUBREClPIENT warrants that (i) it has thoroughly investigated and considered the services to
be perfonned and provided hereunder, (ii) it has carefully considered how the services should be
perfonned, and (iii) it fully understands the facilities, difficulties and restrictions attending
perfonnance of the services under this Agreement.
(d) No Conflict. To the best of SUBREClPIENT'S knowledge, SUBRECIPIENT'S
execution, delivery and perfonnance of its obligations under this Agreement will not constitute a
default or a breach under any contract, agreement or order to which SUBREClPIENT is a party
or by which it is bound.
(e) No Bankruptcy. SUBREClPIENT is not the subject of any current or threatened
bankruptcy proceeding.
(1) No Pending Legal Proceedings. SUBREClPIENT is not the subject of a current or
threatened litigation that would or may materially affect SUBREClPIENT'S perfonnance under
this Agreement.
(g) Application Veracity. All provisions of and infonnation provided in
SUBREClPIENT'S application for funding submitted to CITY including any exhibits are true
and correct in all material respects.
(h) No Pending Investigation. SUBREClPIENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to affect
perfonnance of the Agreement or provision of services hereunder.
B. Amount of Grant and Ouarterlv Disbursement. The amount granted to
SUBREClPIENT is $ 5,000 ("CDBG FUNDS"), and such funds shall be expended by
SUBREClPIENT on or before June 30, 2004. The CDBG FUNDS shall be disbursed by CITY
to SUBREClPIENT on a quarterly basis (October, January, April and July) subject to and upon
receipt and approval of a complete SUBREClPIENT'S quarterly activity report, with the final
payment subject to the satisfaction of the condition precedent of submittal of complete reporting
infonnation due on or before July 15 of the applicable funding year, as hereinafter more fully set
forth. SUBREClPIENT shall be obligated to perfonn such duties as would nonnally extend
beyond the tenn, including but not limited to obligations with respect to indenmification, audits,
reporting, data retention/reporting, and accounting.
C. Use of Funds. SUBREClPIENT agrees to use all federal funds provided by CITY to
SUBREClPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A,"
attached hereto and by this reference incorporated herein. SUBREClPIENT'S failure to perfonn 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 SUBREClPIENT hereunder.
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D. Allowable Costs. SUBREClPIENT agrees to complete said program on or before
June 30, 2004 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. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B,"
attached hereto and by this reference incorporated herein. SUBREClPIENT shall use all income
received from said funds only for the same purposes for which said funds may be expended
pursuant to the tenus and conditions of this Agreement.
E. Licensing. SUBREClPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBREClPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBREClPIENT's
operations hereunder.
F. Zoning. SUBREClPIENT agrees that any facility/property used in furtherance of
said program shall be specifically zoned and pennitted for such use(s) and activity(ies). Should
SUBREClPIENT fail to have the required land entitlement and/or permits, thus violating any local,
state or federal rules and regulations relating thereto, SUBREClPIENT 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.
SUBREClPIENT 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 tennination of grant
funding hereunder. SUBREClPIENT 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 SUBREClPIENT from CITY
pursuant to this Agreement shall be maintained in an account in a federally insured banking or
savings and loan institution with record keeping of such accounts maintained pursuant to applicable
OMB Circular A-llO requirements. SUBREClPIENT is not required to maintain separate
depository accounts for CDBG FUNDS; provided however, the SUBREClPIENT must be able to
account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A-IIO requirements.
H. Audit Report Requirements. SUBREClPIENT agrees that if SUBREClPIENT
receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds,
SUBREClPIENT 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. SUBREClPIENT 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.
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I. Record Keeping/Reporting. SUBREClPIENT shall keep and maintain complete and
adequate records and reports to assist CITY in meeting and maintaining its record keeping
responsibilities under the CDBG REGS, including the following:
(1) Records
a. Documentation evidencing program income requirements in
confonnity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b )(3) and 24
CFR 570.208(a)(2)(B) of the income level of persons and/or families participating
in or benefiting by the SUBREClPIENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUBREClPIENT program.
c. Household infonnation shall include number of persons, identification
of head of household, race/ethnicity, and income verification.
d. Documentation of all CDBG FUNDS received from CITY.
e. Documentation of expenses as identified in the Budget Proposal,
including evidence of incurring the expense, invoices for goods or services, copies
of any and all contracts or documentation pertaining to costs for subcontractors,
plus all other invoices for which CDBG FUNDS were expended, and any payments
therefor.
f. Any such other related records as CITY shall reasonably require or as
required to be maintained pursuant to the CDBG REGS.
(2) Reports
(i) Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January,
April and July, SUBREClPIENT shall submit both: an original
invoice and true copies of invoices, receipts, agreements, copies
of any and all contracts or documentation pertaining to costs for
subcontractors or other documentation supporting and
evidencing how the CDBG FUNDS have been expended during
the applicable quarter.
(ii) Quarterly Activity Report: SUBREClPIENT agrees to keep monthly
records of all ethnic and racial statistics of persons and families benefited by
SUBREClPIENT in the perfonnance of its obligations under this Agreement,
including, but not limited to, the number of low and moderate income persons
and households assisted in accordance with federal income limits, the number
of female heads of households assisted, new program infonnation and year-to-
date program statistics on expenditures, caseload and activities.
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J. Access to Records. CITY and the United State Govemment and/or their representatives
shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's activities
and perfonnance, 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 is conducted or in which any of
the records of SUB RECIPIENT are kept. Nothing herein shall be construed to require access to any
privileged or confidential infonnation as set forth in federal or state law.
K. Location of Records/ReQuired Length of Record Keeping. All accounting records,
reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of
SUBREClPIENT and all documents related to this Agreement shall be maintained and kept
available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and
thereafter for five (5) years after completion of an audit in confonnity with the CDBG REGS., s.
Records which relate to (a) complaints, claims, administrative proceedings or litigation arising
out of the perfonnance of this Agreement, or (b) costs and expenses of this Agreement to which
CITY or any other goverrnnental 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.
1. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as 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
regulations found at Title 24 of the Code of Federal Regulations. Program income received by
SUBREClPIENT shall be returned to CITY unless otherwise provided for in this Agreement.
SUBREClPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation whether or not referred to in this Agreement.
M. Standing. 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.
N. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of infonnation provided
to it conceming 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.
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O. Independent Contractor. SUBRECIPIENT agrees that the perfonnance of
obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way
an agency of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if
SUBRECIPIENT violates any of the tenus and conditions of this Agreement or any prior
Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBREClPIENT
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 SUBREClPIENT engaged in fraudulent activity to obtain and/or justify
expenditure of the CDBG funds granted hereunder, SUBREClPIENT shall be required to reimburse
the CITY of all such funds that were obtained/spent under fraudulent circwnstances.
Q. Equipment. SUBREClPIENT agrees to maintain a record for each item of non-
expendable personal property acquired under the tenus of this Agreement. Said record shall be
made available to CITY upon request. The tenn "non-expendable personal property" shall include
leased and purchased equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
funds provided through this Agreement to pay for entertainment, meals or gifts.
S. Lobbving. SUBREClPIENT certifies that it will comply with federal law (31
US.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds
may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay
any person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, or an officer or employee of a Member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that
effect in a fonn as set forth in "Exhibit C," attached hereto and by this reference incorporated herein.
SUBRECIPIENT shall submit said signed certification to CITY prior to perfonning any of its
obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any
swns to SUBRECIPIENT under the tenus 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 Fonn to Report Lobbying," in accordance
with its instructions (see C-l).
T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds
to pay salaries and other related administrative or personnel costs, no persons who exercise or have
exercised any function with respect to CDBG activities assisted under the tenus of this Agreement,
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or who are in a position to participate in a decision-making process or gain inside infonnation with
regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of
SUBREClPIENT, 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.
U. Davis-Bacon Act. All laborers and mechanics employed by contractors or
subcontractors in the perfonnance of constmction work, including alterations and repairs, in excess
of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less
than those prevailing on similar construction in the locality as detennined in accordance with the
Davis-Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract
shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5.
Further, the payroll reports (along with the "Statement of Compliance") and basic records are
required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No
payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
there is on file with the agency a certification by the contractor that the contractor and its
subcontractors have complied with the provisions of 29 C.F.R. §5.5. A breach of the contract
clauses in 29 C.F.R. §5.5 may be grounds for tennination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations
shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)].
V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the following
drug-free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a
controlled substance is prohibited in the workplace for any employee involved in a federally funded
program.
2. As an employee working in conjunction with a federally funded program, the
employees of SUB RECIPIENT will be required to:
a) Abide by the tenus above in statement 1.
b) Notify appropriate officials of SUBRECIPIENT and CITY officials of
any criminal drug statute conviction for a violation occurring in the workplace not
later than five days after such conviction.
3. The City and the United State Department of Housing and Urban
Development will be notified within ten days after receiving notice of any such violation.
4. Within 30 days ofreceiving such notice, appropriate personnel action will be
taken against such employee, up to and including tennination.
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Each such employee shall be required 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.
II.
CITY'S OBLIGATIONS
A. Payment of Funds. 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 2003-2004 CDBG program year amounts expended by SUBREClPIENT in carrying out
said program for fiscal year 2003-2004 pursuant to this Agreement up to a maximwn aggregate
payment of Five Thousand Dollars ($ 5,000) in installments determined by CITY. Payments shall
be made to SUBRECIPIENT through the submission of invoices on a quarterly basis (October,
January, April and July) in a fonn 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 and documented within the scope and provisions of this Agreement
and that SUBRECIPIENT is in compliance with the tenus and conditions ofthis Agreement.
B. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of
the Code of Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the
grant program requirements and monitors grant and sub grant supported activities to assure
compliance with Federal requirements. Such monitoring covers each program, function and activity
and perfonnance 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.
III.
NONDISCRIMINATION
SUBRECIPIENT agrees that no person on the ground of race, age, 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.
IV.
CONFLICT OF INTEREST
SUBRECIPIENT agrees that no officer, employee, agent or assignee of CITY having direct
or indirect control of any CDBG monies granted to the CITY, inclusive of the subject CDBG
FUNDS, shall serve as an officer of SUB RECIPIENT. Further, any conflict or potential conflict of
interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution
of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof.
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Notice shall be sent by SUBRECIPIENT to CITY regarding any 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 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 tenus of this Agreement on the basis of religion and
shall not limit such services or give preference to applicants for such services on the basis of
religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the Califomia Constitution, and is not in any
manner intended to restrict other activities of SUBREClPIENT.
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 tenus 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 SUBREClPIENT. For the purposes of this section, the tenn "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 tenn "administrative capacity" means having selection, hiring, supervisor or
management responsibilities.
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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 SUBREClPIENT:
PRCSA Logan Center
888 W. Santa Ana Blvd. Suite 200
Santa Ana, CA 92701
VIII. ASSIGNABILITY
None of the duties of, or work to be perfonned by, SUBRECIPIENT under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate
to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal
obligations of SUB RECIPIENT pursuant to this Agreement.
IX.
HOLD HARMLESS
SUBREClPIENT shall indenmify, defend and save harmless CITY, its officers, employees,
agents, representatives and volunteers from and against any and all damages to or for loss of use of
property and for injuries to or death of any person or persons, including property and employees or
agents of CITY, and shall defend, indenmify 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 perfonnance of this Agreement.
X. INSURANCE
A. In accordance with the provisions of Section 3300 of the Labor Code, if
SUBRECIPIENT has any employees it is required to be insured against liability for worker's
compensation or to undertake self-insurance. Prior to commencing perfonnance of this
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Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with
limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor
workers' compensation coverage, it must execute a Declaration available from the CITY, and
update as is necessary.
B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of commercial
general liability insurance, or equivalent fonn, 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 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 SUB RECIPIENT's operations hereunder.
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 tenninated 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, SUBREClPIENT 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 ofCDBG funds. [24 CFR 570.503(b)(8).]
B. Any real property under SUBREClPIENT'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 detennined 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 ofnon-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
tenus of this Agreement will vest upon acquisition in SUBREClPIENT. 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:
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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).
D. SUBREClPIENT 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 docwnent, instrwnent or agreement executed in furtherance of the services and
activities to be perfonned hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instrwnents, 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
perfonnance 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
SUBREClPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XL
REVERSION OF ASSETS," and in paragraph "XII. TERMINATION" and other requirements
pertaining to program income shall not be affected by the termination of this Agreement and shall
survive the date of tennination of this Agreement for such period of time as CITY and/or HUD
deems necessary for the responsibilities, duties and obligations to be perfonned and completed to
the satisfaction of CITY and HUD.
XII.
TERMINATION
A. This Agreement may be tenninated on thirty (30) days' written notice by either
party. In the event of such tennination, SUBRECIPIENT shall only be entitled to reimbursement
for approved expenses incurred to the effective date oftennination.
B. This Agreement may be suspended or tenninated by CITY upon five (5) days'
written notice for violation by SUBREClPIENT of Federal Laws governing the use of Community
Development Block Grant Funds. In the event of such suspension or tennination, SUBRECIPIENT
shall only be entitled to reimbursement for approved expenses incurred up to the effective date of
suspension or tennination.
C. Pursuant to 24 CFR 85.43, in the event SUBREClPIENT 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 tennination 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 tennination
12
stated in such notice. If tenninated for cause, CITY shall be relieved of further liability or
responsibility under this Agreement, or as a result of the tennination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
perfonned prior to the mailing or service of the notice oftennination, and except for reimbursement
of (1) any payments made for services not subsequently perfonned in a timely and satisfactory
manner, and (2) costs incurred by CITY in obtaining substitute perfonnance.
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.
XIII. 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 SUBREClPIENT before it received notice of such revision, provided that
such amounts have been committed in good faith and are otherwise allowable and that such
commitments are consistent with HUD cash withdrawal guidelines.
XIV. 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 this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement or
13
amendment hereto shall be effective unless executed in writing and signed by both CITY and
SUBRECIPIENT.
xv.
LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State
of California, and all applicable federal laws and regulations.
XVI. VALIDITY
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.
XVII. 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 tenus of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be
incorporated as if fully set forth in the body of this Agreement.
c. 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 tenus of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
perfonned by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
DATED:
CITY OF SANTA ANA
/24J ~
DAVID N. REAM
City Manager
ATTEST:
lp(=~ ~~;:~
Clerk of the Council
APPROVED AS TO FORM:
d~~
~ JOSEPH W. FLETCHER
City Attorney
DATE:
3 -OLiP -01
SUBRECIPIENT:
~~
Name: Jon Rip Ribble
Title: Executive Director
Tax ID: 95-6000-785
15
EXHIBIT A
Scope of Work
Annual Accomplishment Goal
I. Nwnber of un duplicated Santa Ana residents to be served with grant funds during the 12-
month contract period = 50 PERSONS
II. Description of Work - in space below, describe the program to be funded during the 12-month contract
period including, services to be provided, program goals, client characteristics, & how grant funds will be utilized.
The goal of the Logan Community Center is to provide positive activities that have the impact of
reducing gang and drug activity while improving student academic achievement. The services
offered at Logan Community Center with CDBG funding will enhance the existing services
provided in the after school program by expanding to the week-ends.
Logan Center will serve youths from the surrounding neighborhood, which is located in the
Hoover Elementary school boundaries. The youths to be served reflect the population in the
area, which includes 92.6% Hispanic with 82% English learners and 89% low-income. Hoover
School has been designated as a low perfonning school based on standardized testing, which
indicates that youths in the area are perfonning below standards.
The program will include activities that youths in the neighborhood would otherwise not have
the resources to participate in. The program combines fun recreational activities with
educational resources for the entire family. The expanded program activities will operate on six
consecutive Saturdays, beginning May 22, 2004. Each Saturday a special event or an excursion
will be conducted as follows:
Saturday, May 22: Dia de la Familia, including family entertainment, community infonnation
booths and games for the entire family ($1,600)
Saturday, May 29: Inner-City Exploration Excursion to the Kidseum and movies ($200)
Saturday, June 5: Community Gang & Drug Awareness Day featuring children's
entertainment, game and food booths, and motivational guest speakers ($1,450)
Saturday, June 12: Inner-City Exploration Excursion to the Discovery Science Center and
pizza party following ($400)
Saturdaý, June 1 9: Inner-City Exploration Excursion to the Santa Ana Zoo & picnic ($550.00)
Friday and Saturday, June 25 & 26: Summer Kick Off Overnight at Camp Santiago ($800)
Schedule of Performance
Estimate the number ofunduplicated Santa Ana residents to be served during the 12-month
contract period per quarter:
Quarter 1: July 1 - September 30
Quarter 2: October 1 - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 - June 30
Total
NA
NA
NA
50
50
Persons
Persons
Persons
Persons
Persons
EXHIBIT A
Invoicing Schedule
Estimate the amount of grant funds to be requested during the 12-month contract period on a
quarterly basis:
Quarter 1: July 1 - September 30
Quarter 2: October 1 - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 - June 30
$
$
$
$
Total $
NA
NA
NA
5.000
5.000
PROGRAM BUDGET PROPOSAL
Organization Name: City of Santa Ana
Program Name:
L:oQan Community Center
Program Year:
2003-2004
CATEGORY SANTA ANA OTHER PROGRAM
GRANT SOURCES TOTAL
REQUESTED
Administrative
Staff Salaries & $ $ $
Benefits
Program Staff
Salaries &
Benefits
SUDDlies
Rent/Lease
Communications
Professional
Services
Conferences &
Meetings
Travel Expenses
Insurance
Other (Please $5,000 (please
Specify) see attached list)
TOTAL $ 5,000 $ $
EXHIBIT B
Logan Commnnity Center
FY 03-04 CDBG Revised Bndget
Dia De La Familia
Games and prizes
Game Booth Rentals
Family entertainment and DJ
Subtotal
$300
400
300
$1,000
Community Gang and Drug Awareness Day
Games and prizes
Game Booth Rentals
Music by DJ
Balloon Bounce
Subtotal
$300
400
150
300
$1,150
Inner-City Exploration Excnrsions
Buses
Admission Fees
Picnic Supplies
Subtotal
$750
1,200
--1iQ
$2,300
Camp-Out
Camp Out Supplies
Subtotal
~
$ 550
TOTAL
$5,000
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 Fonn-LLL, "Disclosure
Fonn to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subj ect to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Grantee/Contactor Organization
Program Title
Sou II ¡¿Iff Yl, f7~U;:
Name ofCert{fying Officer
~
Signature
3,-J..i,-ot
Date
EXHIBIT C
Page 1 of2
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI ofthe 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 ofrace, 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
perfonnance 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 detennined 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 C
Page 2 of2