HomeMy WebLinkAboutCATHOLIC CHARITIES 2 -2004
A-2004-160
INSURANCE 1iQI ON FILE
WORK MAY NOl PROCEED
CLERK OF COUNCIL
DATE: I D -/ {- 01
G' Ct>f\
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AGREEMENT BETWEEN
THE CITY OF SANTA ANA
AND
CATHOLIC CHARITIES
FOR USE OF EMPOWERMENT ZONE FUNDS
This Agreement, made and entered into this 1st day of July, 2004, by and between
the City of Santa Ana a charter city and municipal corporation duly organized and existing
under the Constitution and laws of the State of California ("CITY"), and Catholic Charities
("CONTRACTOR").
Recitals:
I.
WlINESSEIH
1.
The City of Santa Ana, through the Santa Ana Empowerment Corporation
(SAEC), is the recipient of Empowerment Zone ("FEZ") funds from the
United States Department of Housing and Urban Development ("HUD").
2.
CITY desires to engage CONTRACTOR to provide the services at the cost
set forth in "Exhibit A" and for the services set forth Exhibit B, hereinafter
referred to as "said program" and CONTRACTOR 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:
CONTRACTOR'S OBLIGATIONS
A.
CONTRACTOR agrees to use all federal funds provided by CITY to
CONTRACTOR pursuant to this Agreement to operate said program, as set
forth in "Exhibit B," attached hereto and by this reference incorporated
herein. CONTRACTOR'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 CONTRACTOR
under Paragraph II hereof.
B.
CONTRACTOR agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its
operations. CONTRACTOR shall ensure that its staff shall also obtain and
maintain all required licenses, registrations, accreditation and inspections
from all agencies governing CONTRACTOR operations hereunder.
C.
CONTRACTOR 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 CONTRACTOR fail to have the required land
entitlement and/or permits, thus violating any local, state or federal rules and
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regulations relating thereto, CONTRACTOR 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. CONTRACTOR 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. CONTRACTOR 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.
D.
All funds received by CONTRACTOR from CITY pursuant to this Agreement
shall be separately accounted for apart from any other funds of
CONTRACTOR, or of any principal or member of CONTRACTOR.
CONTRACTOR agrees that if CONTRACTOR receives $300,000 or more in
any Federal funds, CONTRACTOR 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
Circular A-133. CONTRACTOR 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.
E.
CONTRACTOR 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", a copy of which shall be provided to CONTRACTOR by CITY.
CONTRACTOR agrees to keep monthly records of all ethnic and racial
statistics of persons and families benefited by CONTRACTOR 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.
CONTRACTOR agrees to provide CITY with written cumulative (year-to-
date) reports of its activities on or before the 15th day of July, October,
January and April for the period beginning October 1, 2004 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. This agreement shall terminate on
June 30, 2005, unless extended by mutual consent of the parties. Any
extension shall be in writing, and executed by the Executive Director of the
Community Development Agency and General Counsel on behalf of CITY.
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CITY, SAEC and the United State Government and/or their representatives
shall have access for purposes of monitoring, auditing, and examining
CONTRACTOR's activities and performance, to books, documents and
papers, and the right to examine records of CONTRACTOR's
subcontractors, bookkeepers and accountants, employees and participants
in regard to said program. CITY, SAEC 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 CONTRACTOR
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 CONTRACTOR does not make the above-referenced
documents available within the CITY of Santa Ana, California,
CONTRACTOR 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.
F.
All accounting records and evidence pertaining to all costs of
CONTRACTOR and all documents related to this Agreement shall be kept
available at the location where CONTRACTOR conducted the program, as
well as in the County of Orange, for the duration of the Agreement and
thereafter for five (5) 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 five (5) years until resolution or
disposition of such appeals, litigation, claims, or exceptions.
G.
CONTRACTOR 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. CONTRACTOR agrees that it has read, understood and shall
follow the legal obligations referred in Exhibit C.
H.
CONTRACTOR 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
CONTRACTOR shall be reported immediately to CITY.
I.
Subreceipient acknowledges and warrants that it shall at all times comply
with the laws, regulations and policies governing the use of FEZ funds,
including but not limited to, the limitations on use of FEZ funds set forth in
P.L. 106-74 (2000), 24 CFR section 598.215 and Federal Register, April
16,1998.
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J.
Without prejudice to any other provisions of this Agreement, CONTRACTOR
shall, where applicable, maintain the confidential nature of information
provided to it conceming participants in accordance with the requirements of
federal and state law. However, CONTRACTOR shall submit to CITY,
SAEC and or HUD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by
CONTRACTOR, costs incurred and services rendered hereunder.
K.
CONTRACTOR 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.
CONTRACTOR agrees that if CONTRACTOR violates any of the terms and
conditions of this Agreement or any prior Agreement whereby FEZ funds
were received by CONTRACTOR, or if CONTRACTOR reports inaccurately,
or if on audit there is a disallowance of certain expenditures, CONTRACTOR
agrees to remedy the acts or omissions causing the disallowance or repay
CITY all amounts spent in violation thereof.
M.
CONTRACTOR 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.
CONTRACTOR hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts.
O.
CONTRACTOR certifies 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. CONTRACTOR
shall sign a certification to that effect in a form as set forth in "Exhibit 0,"
attached hereto and by this reference incorporated herein. CONTRACTOR
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 CONTRACTOR 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
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s.
T.
II.
shall complete and submit a "Disclosure Form to Report Lobbying," in
accordance with its instructions.
P.
CONTRACTOR agrees that except for the use of FEZ funds to pay salaries
and other related administrative or personnel costs, no persons who
exercise or have exercised any function with respect to FEZ 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
FEZ-assisted activity of CONTRACTOR, 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 CONTRACTOR.
Q.
CONTRACTOR acknowledges and warrants that prior to having any
contractor perform work paid for by FEZ funds, that it shall be responsible
(i) for providing such contractor with a copy of this Agreement, and (ii)
ensuring that any such contractor executes and provides to the Executive
Director of the Community Development Agency a letter in substantially
the form of "Exhibit E" hereto, agreeing to be bound by the terms of this
Agreement.
R.
CONTRACTOR acknowledges and warrants that during the term of this
Agreement it shall to the maximum extent feasible collaborate with other
CONTRACTOR to ensure that duplication of services is avoided. Such
collaboration shall include, but not be limited to, regular attendance (i.e.,
an attendance record exceeding 50%) and active participation in the
appropriate committee or committees established pursuant to the
Strategic Plan.
CONTRACTOR agrees to provide a drug-free work place and to execute a
certification as set forth in "Exhibit F" attached hereto and incorporated
herein by this reference.
CONTRACTOR shall comply with general provisions, assurances, and
certifications attached hereto as "Exhibit G" and incorporated herein.
CITY'S OBLIGATIONS
Upon execution of this Agreement by CONTRACTOR, CITY shall pay to
CONTRACTOR from FEZ funds, when, if and to the extent received from HUD, for
CITY's 2004-05 FEZ program year amounts expended by CONTRACTOR in
carrying out said program for fiscal year 2004-05 pursuant to this Agreement up to
a maximum aggregate payment of ninety seven thousand five hundred dollars
($97,500) for CONTRACTOR'S performance in accordance with the payment
schedule attached hereto as "Exhibit A". Payments shall be made to
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CONTRACTOR through the submission of periodic invoices, in a form prescribed
by CITY, detailing such expenses. CONTRACTOR agrees to submit the above-
stated document to the FEZ Navigator Office, 1000 E. Santa Ana Blvd., Suite 200,
Santa Ana, CA 92701. 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 CONTRACTOR is in compliance with
the terms and conditions of this Agreement.
CITY has the right to de-obligate the funds hereunder and take such funding
back from CONTRACTOR due to any of the following reasons: (a) lack of
performance by CONTRACTOR; (b) lack of fiscal accountability of
CONTRACTOR; or (c) decrease in available funding.
III.
PROGRAM INCOME
A.
B.
C.
For the purposes of this Article (III) "Program income," shall mean gross
income received by the CONTRACTOR directly generated from the use of
FEZ funds, except as provided below in Paragraph III.C. When such income
is generated by an activity that is only partially assisted with FEZ funds, the
income shall be prorated to reflect the percentage of FEZ funds used.
Program income includes, but is not limited to the following:
1.
Proceeds from the disposition by sale or long term lease of real
property purchased or improved with FEZ funds;
Proceeds from the disposition of equipment purchased with FEZ
funds.
Gross income from the use or rental of real or personal property
acquired by the CONTRACTOR with FEZ funds, less the costs
incidental to the generation of such income;
Gross income from the use or rental of real property owned by the
CONTRACTOR that was constructed or improved with FEZ funds,
less the costs incidental to the generation of such income;
Payments of principal and interest on loans made using FEZ funds;
Proceeds from the sale of loans made with FEZ funds;
Proceeds from the sale of obligations secured by loans made with
FEZ funds;
Interest earned on funds held in a revolving fund account;
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 FEZ portion of a public improvement.
2.
3.
4.
5.
6.
7.
8.
9.
Program income does not include income 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.
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IV.
1.
Interest eamed 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
FEZ 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.
3.
Interest eamed on the investment of amounts reimbursed to the FEZ
program account prior to the use of the reimbursed funds for eligible
purposes.
D.
The receipt of program income (as defined in Paragraph IliA hereinabove)
by CONTRACTOR in the operation of said program shall be recorded by
CONTRACTOR and reported to CITY.
E.
Program income received by CONTRACTOR shall be returned to CITY
unless otherwise provided for in this Agreement.
NONDISCRIMINATION
CONTRACTOR 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 FEZ funds.
V.
SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
A.
C.
If CONTRACTOR is a religious entity, CONTRACTOR hereby agrees that in
connection with the provision of the services CONTRACTOR shall provide with
FEZ funds:
CONTRACTOR 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.
CONTRACTOR shall not discriminate against any person applying for the
services CONTRACTOR 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.
CONTRACTOR 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.
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D.
Where the services to be provided under said program are rendered on
property owned by the primarily religious entity CONTRACTOR, FEZ 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 FEZ
expenditure for rendering the services under said program.
VI.
PROHIBITION OF NEPOTISM
CONTRACTOR 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 CONTRACTOR. 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, step-parent 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:
Santa Ana WORK Center
WORK Center Director
1000 E. Santa Ana Blvd., Suite 200
Santa Ana, California 92701
Telefacsimile (714) 565-2602
And,
CLERK:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 82702-1988
Telefacsimile (714) 647-6956
TO CONTRACTOR:
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VIII.
ASSIGNABILITY
IX.
CONTRACTOR 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 CONTRACTOR
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.
HOLD HARMLESS
CONTRACTOR 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 CONTRACTOR, its officers, directors, employees,
agents, subcontractors and suppliers arising out of CONTRACTOR's performance
of this Agreement.
X. INSURANCE
CONTRACTOR shall obtain and maintain for the entire term of this Agreement
comprehensive general public liability insurance, in companies acceptable to the
City, authorized to issue such insurance in the State of California. Said
insurance shall consist of the following:
A.
Commercial General Liabilitv. CONTRACTOR agrees to obtain and keep
in force during the term of this Agreement a policy of comprehensive
commercial public liability insurance insuring the State of California, CITY,
and CONTRACTOR against any liability for accident, injury or death
arising out of or in consequence of this Agreement. Such insurance shall
be in an amount not less than One Million Dollars ($1,000,000.00) for any
injury to or death of any person or persons in any single accident or
occurrence. Said policy of comprehensive public liability insurance shall
be endorsed to provide to CITY and to the State of California, Employment
Development Department, at least thirty (30) days written notice prior to
cancellation; name CITY, its officers, agents, employees, and volunteers,
and the State of California, its officers, employees, and volunteers as
additional insureds; and state that such coverage is primary to any other
coverage or self-insurance of the State of California and CITY.
Governmental entities may substitute a certificate of self-insurance.
Page 9 of 14
XI.
B.
Automobile Liabilitv Coveraqe. CONTRACTOR shall also obtain and
maintain, during the effective period of this Agreement, broad form
automobile liability coverage with a $1,000,000 limit unless reduced by
CITY, which applies to both owned/leased and non-owned automobiles
used by CONTRACTOR employees or participants in performance of this
Agreement, or, in the event that CITY will not utilize such owned/leased
automobiles but intends to require employees, participants or other agents
to utilize their own automobiles in the performance of this Agreement,
CONTRACTOR shall secure and maintain on file from all such employees,
participants, or agents as self-certification of automobile insurance
coverage. Governmental entities may substitute a certificate of self-
insurance.
C.
Workers' Compensation. If CONTRACTOR 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.,
CONTRACTOR shall obtain and keep in force during the term of this
Agreement full Workers' Compensation insurance coverage for injuries
suffered by participants. Said insurance policy shall guarantee CITY at
least thirty (30) days written notice of cancellation or modification.
CONTRACTOR shall carry medical and accident insurance for those
participants not qualifying as "employees" for Worker's Compensation
Coverage, pursuant to California Labor Code Section 3350, et seq.
D.
Equipment Coveraqe. CONTRACTOR shall purchase a policy or policies
of insurance covering loss or damage to any and all Equipment provided
to or purchased by CONTRACTOR in accordance with this Agreement.
Said insurance shall be in the amount of the full replacement value
thereof, providing protection against the classification of fire, extended
coverage, vandalism, malicious mischief, theft, and special extended
perils. Governmental entities may substitute a certificate of self-insurance.
E.
Proof of Insurance. Certificates and endorsements (Exhibit H) must be
submitted and approved by CITY prior to any work under this Agreement.
CONTRACTOR understands that CITY will make no payments under this
Agreement until the required certificates and endorsements have been
approved by CITY.
REVERSION OF ASSETS
A.
Upon the expiration of this Agreement, CONTRACTOR shall transfer to
CITY any FEZ funds on hand at the time of the expiration of this Agreement
as well as any accounts receivable attributable to the use of FEZ funds.
Page 10 of 14
B.
Any real property under CONTRACTOR's control that was acquired or
improved in whole or in part with FEZ 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 under federal law 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,
CONTRACTOR 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-FEZ 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 CONTRACTOR.
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.
C.
CONTRACTOR 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 CONTRACTOR's right, title and interest (if any it
may have) in and to CITY, SAEC, FEZ 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
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XII.
CONTRACTOR on behalf of CITY, in furtherance of the activities hereunder
or thereof.
CONTRACTOR's obligations and responsibilities set forth in this paragraph
"XI. REVERSION OF ASSETS," and in paragraphs "XII. TERMINATION"
and "III. 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.
TERMINATION
A.
This Agreement may be terminated on thirty (30) days' written notice by
either party. In the event of such termination, CONTRACTOR 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 CONTRACTOR of the terms and
conditions of the this agreement or applicable State or Federal
requirements. In the event of such suspension or termination,
CONTRACTOR shall only be entitled to reimbursement for approved
expenses incurred up to the effective date of suspension or termination.
C.
In the event CONTRACTOR 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 CONTRACTOR, which default and
termination shall be effective on a date stated in the notice which is to be not
less than ten (10) days after certified mailing or personal service of such
notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of
further liability or responsibility under this Agreement, or as a result of the
termination thereof, including the payment of money, except for payment for
approved expenses incurred for services satisfactorily and timely performed
prior to the mailing or service of the notice of termination, and except for
reimbursement of (1) any payments made for services not subsequently
performed in a timely and satisfactory manner, and (2) costs incurred by
CITY in obtaining substitute performance.
D.
The grant of funds by CITY to CONTRACTOR pursuant to this Agreement
may be terminated for convenience upon two weeks written notice to
CONTRACTOR.
E.
In the event this Agreement is terminated as set forth in subparagraphs
XII.A. through XII.D., inclusive, CONTRACTOR agrees to immediately return
to CITY upon CITY's demand and prior to any adjudication of
Page 12 of 14
CONTRACTOR'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 FEZ 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
CONTRACTOR's authority to commit and spend funds, or may restrict
CONTRACTOR'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 Executive
Director 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 CONTRACTOR'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 CONTRACTOR 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
CONTRACTOR 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 FEZ funds by
CONTRACTOR and contains all the covenants and agreements between the
parties with respect to such employment in any manner whatsoever. Each party to
this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting
on behalf of any party, which are not embodied herein, and that no other
agreement or amendment hereto shall be effective unless executed in writing and
signed by both CITY and CONTRACTOR.
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.
Page 13 of 14
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the last date and year written below.
DATED:
ATTEST:
PATRICIA E. HEALY,
Clerk of the Council
DATED:
~ 111 / Dif
tricia C. WHitaker, xecutive Director
Community Development Agency
CITY OF SANTA Ana, a municipal
Cmpmato" ~ 1hZ of C.''''m'.
14:,£ .//Y;¿fi'~'-'-
David N. Ream '
City Manager
APPROVED AS TO FORM:
Page 14 of 14
CATHOLIC CHARITIES OF ORANGE COUNTY, INC.
Santa Ana Empowerment Zone
July 1,2004 to June 30, 2005
TO: City of Santa Ana
FROM: Catholic Charities of
Orange County, Inc.
1800 E. McFadden Avenue
Santa Ana, CA 92705
POSITION
TIME FRAME
MAXIMUM
HOURLY
WAGE
FTE
BUDGET
Salaries
Program Director
07-01-04 to 06-30-05
07-0]-04 to 06-30-05
07-01-04 to 06-30-05
32.99
16.48
15.25
0.05
1.00
0.80
3,431
Employment Specialist III
Employment Specialist
Subtotal Salaries
Benefits (28%)
Total SalariesfBenefits
34,278
25,376
63,085
17,664
80,749
Other Propram Costs:
Audit
600
,
Office/Program Expense 500
Telephone 1,]00
Mileage 800
Occupancy 4,900
Insurance 600
Equipment Lease/Rental 500
Training 300
Membership 300
Payroll Services 200
Postage 47
Indirecr cost 6,904
Subtotal Other Program Expenses 16,751
MAXIMUM COUNTY OBLIGATION 97,500
Catholic Charities of Orange County
FEZ Daisy Wheel Network Program
Scope of Work
I. TERM
July 1, 2004 through June 30, 2005
II. PURPOSE
The FEZ Daisy Wheel Network Program will provide vocational/occupational training,
employment strategies, education, and supportive services to individuals who reside in
the Federal Empowennent Zone.
III. POPULATION TO BE SERVED
The population to be served are Federal Empowennent Zone residents 18 years and older.
Eligibility will be detennined by age, address, and by Right to Work documentation.
IV. PROGRAM DESIGN, ELEMENTS, AND OUTCOMES FOR CATHOLIC
CHARITIES
A. Program Design:
a. Provide an intake assessment (for screening) of each FEZ resident that includes a
review of academic and occupational skills levels as well as service needs;
b. Develop an Individual Service Plan (ISP) including notifYing achievement
objectives.
B. Program Elements:
a. The following program elements will be made available to eligible residents
expected to enroll in the FEZ Daisy Wheel Network Program for participation in
activities aimed at providing a comprehensive strategy that addresses
employment and training needs:
i. V ocational/occupational training,
ii. employment strategies,
iii. education, and
iv. supportive services.
C. Perfonnance Outcomes:
a. 120 FEZ residents will be served.
b. Of the 120 FEZ residents served, 60 (50%) will be provided additional services
as needed.
c. Of the 120 FEZ residents served, 48 (40%) will be placed in jobs, given work
experience, receive On-the-Job Training (OJT), receive retention services, attend
English as a Second Language (ESL) classes, be provided with skill upgrades,
and have access to paid internships.
d. Of the ]20 FEZ residents served, 36 (30%) will be placed in full-time
employment of at least 35 hours per week.
e. Planned enrollments by Quarter:
I" Qtr 2'" Qtr. 3" Qtr. 4"' Qtr.
42 18 42 18
V. SERVICES WILL BE PROVIDED AT:
Catholic Charities of Orange County
1800 E. McFadden Avenue
Santa Ana, CA 92705
VI. WORK CENTER RESPONSIBILITIES:
1. Develop contacts for partners
2. Provide orientation and training on eligibility, refeITal process, assessment, MIS
tracking system, joint policies and procedures, fiscal billing, documentation, etc.
3. Develop j oint forms such as application, screening/intake tool, ISP, refeITal form,
MIS forms, etc.
4. Perform program monitoring
5. Perform program reporting
6. Provide partners with on-going technical assistance
7. Provide a quarterly FEZ newsletter
8. Facilitate monthly meetings
VII.
CATHOLIC CHARITIES RESPONSIBILITIES
1. Catholic Charities will provide eligible FEZ residents with services designed to
meet the FEZ Board requirements. A participant will be provided with one or
more of the following services to assist them in obtaining unsubsidized
employment and self-sufficiency:
Recruitment and enrollment services
Employment workshops
Job development
Placement and retention services
WEX/OJT
Job fair development
Information, service, and refeITals to VITA, I-CAN, HRA, CARE, Food Bank,
etc.
Incentive and donation assistance
2. Evaluate participants for eligibility and assign those eligible for program
services.
3. Perform client assessments. Assess education level of FEZ participants through
T ABE test and using ISP form.
4. Report progress and job placements to WORK Center FEZ staff.
5. Incorporate all service navigator partners' information into each other's
marketing materials.
6. Attend monthly partner meetings.
7. Provide WORK Center FEZ staff with monthly and quarterly progress reports.
8. Provide WORK Center FEZ staff with necessary information for conducting
informal and formal monitoring of program progress.
9. Meet performance measures. All staff and agencies participating in this project
will be held accountable for achieving their agency FEZ performance measures.
10. Submit Monthly Statistics Report documentation to FEZ Liaison staff by the 5th
of every month. Report should include new enrollments and a continuous
Activity Enrollment Form.
11. Maintain a CUITent and complete file (electronic as well as hard copy) for each
FEZ participant: eligibility documentation; registration form; enrollment form;
assessment; Individual Service Plan (ISP); EEO/Grievance; case notes;
supportive services documentation; attendance records; training documentation;
etc.
]2. Comply with allowable expenses. To be allowable, costs must: a) be reasonable
for the performance of the program; b) conform to any limitations or exclusions
set forth in the program as to types or amount of cost items; c) be consistent with
policies and procedures that apply uniformly to both federally-financed and other
activities of the organization; d) be determined in accordance with generally
accepted accounting principles (GAAP); e) not be included as a cost or used to
meet cost sharing or matching requirements of any other federally-financed
program in either the current or a prior period; and f) be adequately documented.
]3. Submit in triplicate, a monthly invoice on City of Santa Ana, Federal
Empowerment Zone Program Sub-recipient Request for Reimbursement,
showing in detail the amount of money already expended. Accounting records
must be supported by source documentation such as cancelled checks, paid bills,
payrolls, and attendance records. Submit the above stated documents to Osiel
"Ozzie" Madrigal by the tenth (10.') day of the month following the month in
which services are performed.
SUBREC]PIENT warrants the following:
1. SUBREC]PIENT will comply with Public Law 88-352, title VI of the Civil Rights Act of
]964 (42 U.S.c. §2000 ET SEQ.) 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, 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 on the locality as determined in accordance
with the Davis-Bacon Act, as amended, 40 U.S.c. § §276a-276a-5, except for individuals who perfonn
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) SUBREC]PIENT does not assume CITY's envirommental responsibilities
described at 24 CFR 570.604; and (b) SUBREC]PIENT does not assume CITY's responsibility for initiating
the review process Wlder Executive Order 12372.
EXHIB]T C
Certification Regarding Lobbying
Certification for Contracts. Grants. Loans. and CooDerative Alrreements
The undersigned certifies, to the best of his or her knowledge and belief, thaI:
(])
No Federal appropriated funds bave been paid or will be paid, by or on bebalf 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 tbe 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, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,
or cooperaive agreement.
(2)
]f 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 subcontracts, sub grants, 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 3], U.S. Code. Any person who
fails to file the required certification shall be subject to a civil penalty of not less than $]0,000 and
not more than $]00,000 for each such failure.
Rev. Jaime Soto
Catholic Charities
Grantee/Contractor Organizati
Federal Empowerment
Program Title
Zone
Name of Certifying Officer
EXHIBIT D
Part I
INSTRUCTIONS FOR COMPLET]ON OF SF-LLL, DISCLOSURE OF LOBBYING ACT]VITIES
This disclosure form still 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 filling, pursuant to title 3] U.S.C. section 1352. The fi11ing ofa form be required for each payment or
agreement to make payment for any lobbying entity for inl1uencing or attempting to int1uence 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 a Federal Action. Used the SF-LLL.A
Continuation Sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filling 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 foJ1owup report caused by a material change to the information 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 knoWll. 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 tier. Seaboard include but are not limited to subcontracts, subcontracts, subgrants and contract awards
under grants.
5.
If the organization filling the report in item 4 checks "subwardee" then enter the full name, address, city, state and zip code of the prime Federal
recipient. Include Congressional District, ifknoWll.
6.
Enter the name of the Federal agency making the award or loan commitment. Include at ¡east one organizational level below agency name, if
known. For example, Department of Transportation, Unitcd States Coast Gaurd.
7.
Enter the Federa] program name or description for the covered Federa} action (item1). If knoWll, enter the fu11 Catalog of Federal Domestic
Assistance (CFDA) number for grants, cooperative agreements, loans, and 10an commitments.
8.
Enter the most appropriate Federal identifying number available for the Federal action identified in item I (e.g.) Request for Proposal (RFP)
number; invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control
number assigned by the Federal agency). Include prefixes, e.g. "RFP-DE-90-001."
9.
For a covered Federal action where these has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/Joan
commitment for the prime entity identified in item 4 or 5.
]0.
(a) Enter the fu11 name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the
covered Federal action.
(b) Enter the fu11 names of the individual(s) performing services, and include fu11 address if different from 10 (a). Enter Last Name, First Name, and
Middle initial (MI).
]1.
Enter the amount of compensation paid or reasonably expected 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 a1l 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 a11 boxes that apply, if payment is made through an in-kind contribution, specify the nature and value of the
in-kind payment.
]3.
Check the appropriate box(es). Check all boxes that apply. If other, specify nature.
]4.
Provide a specific and detailed description of the services that the lobbyist has performed, or wí1l be expected to perform, and the date(s) for any
services rendered. Include all preparatory and related activity, not just time spent in actual contact with Federa! officials. Identify the Federal
official(s) or employee(s) contacted or the officer(s), employee(s), or Member(s) of Congress that were contacted.
15.
Check whether or not a SF-LLL.A Continuation Sheet(s) is attached.
]6.
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 time for reviewing instructions
searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments
regarding the burden estimate or any other aspect of this col1ection of information, including suggestions for reducing this burden, to the Office of
Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C.20503.
EXHIBIT D
Part II
ACKNOWLEDGEMENT OF
SUBRECIPIENT AGREEMENT
To:
Patricia C. Whitaker
Executive Director
Santa Ana Empowerment Corporation
From: Subcontractor! Assignee
Subcontractor! Assignee hereby stipulates that it has been provided with a copy, has read,
and is familiar with all of the terms of SUBRECIPIENT's Agreement with the Santa Ana
Empowerment Corporation.
Subcontractor! Assignee further agrees to be bound to all of the terms and provisions of
SUBRECIPIENT's Agreement with he Santa Ana Empowerment Corporation.
~,
, :J..VDlf .
Executed this
BY:
Executive Director
EXHIBIT E
Certification Reqardinq Druq-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)
(b)
(c)
(d)
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;
Establishing a drug-free awareness program to inform employees about -
(1 )
(2)
(3)
The dangers of drug abuse in the workplace;
The contractor's policy of maintaining a drug-free workplace;
Any available drug counseling, rehabilitation, and employee assistance
program; and
the penalties that may be imposed upon employees for drug abuse
violatións occurring in the workplace;
(4)
Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copi of the statement required by paragraph
(a);
Notifying the employee in the statement required by paragraph (a) that, as a
condition of employment under the contract, the employee will -
(1 )
(2)
Abide by the terms of the statement; and
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 F
Pg.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
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; .
(2)
(g) , Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a). (b). (c). (d). (e) and (f).
B.
The contractor shall insert in the space provided on the attached "Place of Performance"
form the site(s) for the performance of work to be carried out with the grant funds
(including street address, city, county, state, and zip code). the contractor further
certifies that, if it is subsequently determined that additional sites will be used for the
performance of work under the contract, it shall notify the U.S. Department of Housing
and Urban Development immediately upon the decision to use such additional sites by
submitting a revised "Place of Performance" form.
Dated:
ß . to. 0 1.
J-e¡ ~
Program Opera or
DMSION OF EMPLOYMENT SERVICES
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS
Name:
Name of Contractor:
Catholic Cha~ities of OrangecCounty, Inc.
Contractor'Number:
Date:
The Contractor shall insert in the space provided below the site(s) expected
to be used for the performance of work under the contract convered by the
certification:
Place of Performance (include street address, city, county, state, zip code
for each site):
lWJO"
~1rFrlriripn 11\1t=J
,to
~no, C~ n7Qå
Subcontractor agrees that in addition to those agreements and obligations
specified in the contract boiler plate and scope of work, it will also adhere to and
obey the following provisions, assurances, and certifications.
2)
ARTICLES
1 )
Subcontractor assures and certifies that it will not use any funds
appropriated under this agreement for religious activity or anti-religious
activity, or to promote or oppose any political candidate, parties, and/or
beliefs.
Contractor assures and certifies that where applicable, classroom training
instructors are properly credentialed, and training curriculums comply with
State Education Codes.
3)
Subcontractor assures and certifies that any requested modification to this
agreement must be submitted in writing, explaining requested changes
and rationale. Subcontractor further assures that no modification will be
implemented without prior written approval from the Santa Ana WORK
Center.
4)
Contractor assures and certifies that they are in good standing with the
California Secretary of State Franchise Tax Board and Internal Revenue
Service.
5)
Subcontractor agrees to cooperate with any monitoring, inspection, audit,
or investigations of activities related to this agreement as may be
scheduled and conducted by the Santa Ana WORK Center or the Santa
Ana Empowerment Corporation.
6)
Subcontractor agrees to acknowledge (give credit) the Santa Ana WORK
Center and the Santa Ana Empowerment Corporation as the source of
funds in all oral presentations, written document, publicity, and
advertisements regarding any activities that ensue from this agreement.
EXHIBIT G
ADDITIONAL INSURED ENDORSEMENT
FOR COMMERCIAL GENERAL LIABILITY POLICY
Insurance Company The Ordi nary "1utua 1
This endorsement modifies such insurance as is afforded by the provisions of Policy #
CG.l\L0042004 relating to the following:
D215t~OOOO4
The Santa Ana Empowennent Corporation and the City of Santa Ana, 20 Civic
Center Plaza, P.O. Box 1988, Santa Ana California 92702; and their respective
officers, employees, agents, volunteers and representatives are named as
additional insureds ("additional insureds") with regard to liability and defense of
suits arising from the operations and uses perfonned by or on behalf of the named
insured.
1.
2.
With respect to claims arising out of the operations and uses perfonned by or on
behalf of the named insured, such insurance as is afforded by this policy is
primary and is not additional to or contributing with any other insurance carried
by or for the benefit of the additional insureds.
3.
This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The
inclusion of any person or organization as an insured shall not affect any right
which such person or organization would have as a claimant if not so included.
4.
With respect to the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written
notice has been given to the Santa Ana Empowennent Corporation, Inc. 20 Civic
Center Plaza (M-2l), P.O. Box 1988, Santa Ana, California 92702.
(Completion of the following, including countersignature is required to make this
endorsement effective.)
Effective
Policy #
Issued to
7/nl.mll
CGALOO42004
Roman Catholic Bishop
Name Insured
, this endorsement fo
Countersigned by
Authori