HomeMy WebLinkAboutS.A. PRCSA McFADDEN CENTER 2 - 2005
A-2005-078-034
\ .',
* ; r
is -3c -0--'
('1
CDBG PUBLIC SERVICES
MEMORANDUM OF UNDERSTANDING
WITH THE PARKS, RECREATION & COMMUNITY SERVICES AGENCY
(McFadden Learning and Technology Center)
Q .. cJjj4
(r.l+en'lL"~
THIS CDBG PUBLIC SERVICES MEMORANDUM OF UNDERSTANDING
("MOU") is made as of the 1ttcdayof Apvi I ,2005, by and between the City of
Santa Ana, a charter city and municipal corporation ("City") and the Parks, Recreation and
Community Services Agency of the City ("Subrecipient").
RECITALS
A. City has received an award of Community Development Block Grant ("CDBG")
funds from the Department of Housing and Urban Development.
B. Subrecipient is an entity of City and is engaged in administration of City's overall
CDBG program and seeks to provide the services described in Exhibit A (McFadden Learning
and Technology Center), in accordance with the schedule of performance included therein,
hereinafter referred to as "said Program". Subrecipient represents that it is qualified and willing
to operate said Program and certifies that the activities carried out with funds provided under this
Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part
570.208).
C. City has approved the issuance of CDBG funds, in an amount not to exceed
Eighty One Thousand Dollars( $81,000.00), to Subrecipient for these services.
D. Subrecipient agrees that it will adhere to the performance measurements and
outcomes as indicated on Exhibit B (Scope of Work). Failure to follow the measurements and
meet the stated outcomes may constitute breach of contract that could result in termination of
this Agreement or serve as reason for the City to recapture the grant funds awarded to
SUBRECIPIENT pursuant to this Agreement.
NOW, THEREFORE, in consideration of performance by the parties of the promises,
covenants and conditions herein contained, the parties hereto agree as follows:
1. Subrecipient's Services.
A. Statement of the Work. Subrecipient shall utilize City's CDBG funds to
provide for its administration of City's overall CDBG program and support of its Program as
described in Exhibit A.
B. Standard of Care. As a material inducement to City to enter into this
MOU, Subrecipient hereby represents and warrants that it has the experience necessary to
undertake the services to be provided as set forth in Exhibit A.
C. Compliance with Laws. All services rendered hereunder by Subrecipient
shall be provided in accordance with all ordinances, resolutions, statutes, rules and regulations of
City and any federal, state or local governmental agency having jurisdiction at the time service is
rendered. This MOU is subject to and incorporates the terms of the Housing and Community
Development Act of 1974, as amended; 24 Code of Federal Regulations ("CFR") Chapter Y,
Part 570; City's CDBG Program Guidelines; and all amendments or successor regulations or
guidelines thereto ("CDBG Regulations").
2. Term of MOU. Subrecipient shall provide its services under this MOU for a 12
month period commencing on July 1,2005 through June 30, 2006.
3. Budget. Subrecipient agrees to complete said Program on or before June 30,
2006 and to use said funds to pay for necessary and reasonable costs allowable under the federal
law and regulations to operate said program. Other allowable program costs are detailed in the
Budget, as set forth in "Exhibit B," attached hereto and by this reference incorporated herein.
Subrecipient shall use all income received from said funds only for the same purposes for which
said funds may be expended pursuant to the terms and conditions of this Agreement. No
budgetary changes shall occur without City's prior approval. Subrecipient hereby certifies and
agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or
gifts.
4. Compensation. Upon compliance with specified performance requirements, City
shall reimburse Subrecipient an amount not to exceed $81,000.00 which shall constitute full and
complete reimbursement for the implementation of this MOD. The parties understand and agree
that such reimbursement, if any, shall be conditioned upon receipt of such funds by City from
HUD and shall not be a charge on any other funds of City. The CDBG Funds shall be disbursed
by City to Subrecipient on a quarterly basis (October, January, April and July) subject to and upon
receipt and approval of a complete quarterly activity report from Subrecipient, with the final
payment subject to the satisfaction of the condition precedent of submittal of complete reporting
information due on or before July 15 of the applicable funding year, as hereinafter more fully set
forth. Subrecipient shall be obligated to perform such duties as would normally extend beyond
the term, including but not limited to obligations with respect to indemnification, audits,
reporting, data retention/reporting, and accounting.
5. Program Evaluation and Review/ Common Rule. Subrecipient shall make
performance, financial and all other records pertaining to this MOU available to all City and
HUD personnel. City and HUD personnel may inspect and monitor Subrecipient's facilities and
program operations, including the interview of Subrecipient's staff and program participants.
Subrecipient agrees to submit to City or HUD all data necessary to complete the Annual Grantee
Performance Report in accordance with HUD requirements and in the format and at the time
designated by City or HUD Project Directors or their designees. Pursuant to CFR 85.40(a), the
City manages the day-to-day operations of each grant and sub grant supported activities. City
staff has detailed knowledge of the grant program requirements and monitors grant and subgrant
supported activities to assure compliance with Federal requirements. Such monitoring covers
each program, function and activity and performance goals are reviewed periodically.
6. Non-Discrimination and Equal Employment Opportunity. In the performance
of this MOU, Subrecipient shall not discriminate against any employee, subcontractor or
employment applicant because of race, color, creed, religion, sex, marital status, national origin,
2
ancestry, age, physical or mental handicap, medical condition or sexual orientation. Subrecipient
will take affirmative action to ensure that employees are treated without regard to their race,
color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental
handicap, medical condition or sexual orientation.
7. Record Keeping/Reporting. Subrecipient shall keep and maintain complete and
adequate records and reports to assist City in meeting and maintaining its record keeping
responsibilities under the CDBG Regulations, including the following:
(1) Records
a. Documentation evidencing program income requirements in
conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24
CFR 570.208(a)(2)(B) of the income level of persons and/or families participating
in or benefiting by the Program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the Program.
c. Household information 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 Regulations.
(2) Reports
a. Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January, April and
July, Subrecipient shall submit both: an original invoice and true copies of
invoices, receipts, agreements, copies of any and all contracts or documents
pertaining to costs for subcontractors or other documentation supporting
and evidencing how the CDBG Funds have been expended during the
applicable quarter.
b. Quarterly Activity Report: Subrecipient agrees to keep monthly records of all
ethnic and racial statistics of persons and families benefited by Subrecipient in the
performance of its obligations under this Agreement, including, but not limited to, the
number oflow and moderate income persons and households assisted in accordance with
3
federal income limits, the number of female heads of households assisted, new program
information and year-to-date program statistics on expenditures, caseload and activities.
8. Revenue Disclosure Requirement. Subrecipient shall make available all books
and records pertaining to each project or business activity that is funded by CDBG Funds under
this MOU for inspection and audit by HUD's representatives, upon request, at any time during
the term of this MOU and during a period of 5 years thereafter. All such books and records shall
be maintained by Subrecipient at a location in Orange County. Failure of Subrecipient to comply
with the requirements of this section shall constitute a material breach for which City may
terminate or suspend this MOU.
9. Audit Report Requirements. Subrecipient agrees that if Subrecipient receives
Three Hundred Thousand Dollars ($300,000.00) or more in federal funds, Subrecipient shall
have an annual audit conducted by a certified public accountant in accordance with the standards
as set forth and published by the United States Office of Management and Budget. Subrecipient
shall provide City with a copy of said audit by October 1 of the year following the program year
in which this Agreement is executed.
10. Termination. This Agreement may be terminated in the following manner for the
following reasons: (a) on thirty (30) days' written notice by either party; (b) upon five (5) days'
written notice for violation of Federal Laws governing the use ofCDBG Funds by Subrecipient;
(c) terminated for convenience in accordance with 24 CFR 85.44; and (d) terminated due to the
non-performance of Subrecipient and/or failure of Subrecipent to perform the work described in
Exhibits A and B or failure to meet the performance standards and program goals set forth therein.
In the event of any such termination, Subrecipient shall only be entitled to reimbursement for
approved expenses incurred to the effective date of termination and any and all funds not used
must be returned to City per the paragraph below.
11. Reversion of Assets. Upon the expiration of this Agreement, Subrecipient shall
transfer to City any CDBG funds on hand at the time of the expiration of this Agreement as well as
any accounts receivable attributable to the use of CDBG funds. [24 CFR 570.503(b)(8).]
Disposition of real property or equipment shall be resolved pursuant to City guidelines.
Subrecipient's obligations and responsibilities set forth in this paragraph and in the
"Termination" clause and other requirements pertaining to 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.
4
12. Exhibits. All documents referenced as exhibits III this MOD are hereby
incorporated in this MOD, including Exhibits A and B.
13. Entire Agreement. This MOU, and all other documents incorporated herein by
specific reference, represent the entire and integrated agreement between City and Subrecipient.
This MOD supersedes all prior oral or written negotiations, representations or agreements. This
MOU may not be amended, nor any provision or breach hereof waived, except in a writing
signed by the parties that expressly refers to this MOD.
5
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding as ofthe date first written above.
ATTEST:
/'''''---
atricia E. Healy
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By: ~- f. ~L
Lisa E. Storck
Assistant City Attorney
:~OFSA~
David N. Ream
City Manager
"SUBRECIPIENT"
CITY OF SANTA ANA
Parks, Recreation and Community
Services Agency
By: Ave"
Gerardo Moue
Executive Dir ctor
6
CITY OF SANA ANA
Community Development Block Grant
Scope of Work
Annual Accomplishment Goal
I. Total number of clients anticipated to be served during 12-month contract
period= 120 PERSONS
II. Number of un duplicated Santa Ana residents to be served with grant funds during the 12-
month contract period = 120 PERSONS
III. Indicate below one City performance outcome that the sub-recipient will be tracking with a
check mark in the appropriate box.
COMMUNITY PRIORITY NEEDS: Public Services-Youtb Services
I Activity/Pro~ram
Youth Services
D
Outcome Trackin~
1. Track improvement in pre-test,
post-test scores.
D
2. Track number of individuals
exposed to the fine arts.
.
3. Track children/youth seeking
referrals that were linked to the
services sought.
Track program participants that were
linked to services sought.
Low- and Moderate-Income D
Services
Goal
J. For education-based programs,
improve pre-test post-test scores by
50%.
I
2. Provide opportunities for exposure
to the tlue arts.
3. 90% of children/youth seeking
referrals will be linked to the services
sought.
90% of program participants will be
linked to services sought.
IV. 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.
OBJECTIVE #1: Provide general homework assistance to 120 individual students in a 12-month period.
Students will develop individual achievement plans, including academic and technology goals and
objectives and a transition plan to move to higher levels of accomplishment. Activities will be designed
to meet individual achievement goals and objectives, including school curriculum based lesson plans,
tutoring schedules, student groupings by grade and skill level, and other appropriate academic activities.
Evaluation data will be compiled and analyzed from 60 of the 120 youth participants served.
OBJECTIVE #2: Provide positive alternative activities that promote awareness and skill development
through the use of technology including:
. OPEN ACCESS COMPUTER TIME: J 0 hours per week for 42 weeks of open access time will
be scheduled with statf support at each of 14 computer workstations, including 7 adult/family and
7 children's workstations, serving a total of 120 individuals throughout the program period.
· PEER TUTORING: J 0 intermediate/high school students will be trained as volunteer peer tutors
to provide 10 hours each ofvoluuteer tutoring to assist staff to implement program activities.
Although the McFadden Education and Technology Center serves all Santa Ana residents, the
EXHIBIT A
majority of users come from schools immediately surrounding the center, including Monte Vista,
Lincoln, Jackson, and Diamond Elementary Schools, Carr and Spurgeon Intermediate Schools and
Valley High School, which make up the program's target area. The student population of these schools
averages 94.5% Hispanic, 3.2% Asian, 1.25% Anglo and 1.05% African American, which correlates to
the high rate of Limited English Proficiency, which averages 83%, mainly Spanish speaking. The target
area has a total population of 43,299,86.4% of which did not graduate from high school and only 3.10%
hold a bachelor's degree. As a result, children have no one at home to help with homework, parents tend
to be illiterate in both English and Spanish, and children start to fail in school at a very early age.
Funds will be used for staff to deliver services at the McFadden Center.
Schedule of Performance
Estimate the number of un duplicated Santa Ana residents to be served during the 12-month
contract period per quarter:
Quarter 1: July 1- September 30
Quarter 2: October I - December 31
Quarter 3 : January I - March 31
Quarter 4: April 1 - June 30
Total
40
40
40
40
120
Persons
Persons
Persons
Persons
Persons
Invoicinfl 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 I - December 31
Quarter 3: January I - March 31
Quarter 4: April I - June 30
$
$
$
$
20.250
20,250
20,250
20,250
Total $
81.000
CITY OF SANA ANA
EXHIBIT A
PROGRAM YEAR 2005-2006
PUBLIC SERVICE PROGRAM FINAL BUDGET
Organization Name: City of Santa Ana. Parks. Recreation and Community Services
Program Name: McFadden Learninq and Technoloqy Center
CATEGORY SANTA ANA CDBG OTHER TOTAL PROGRAM
GRANT RESOURCES BUDGET
Administrative Staff $24,742 $74,224 $98,966
Salaries & Benefits
Program Staff Salaries & $53,498 $53,498
Benefits
Office Supplies 0 1,800 1,800
Rent/Lease 0 9,765 9,765
Communications 0 4,691 4,691
Utilities 0 3,493 3,493
Contractual/Professional
Services 0 8,500 8,500
(Please Specify)
Insurance 0 0 0
Other (Please Specify)
l.Indirect Costs $2,760 17,500
2. Materials & Supplies
3. Software 2,000 22,260
TOTAL $81,000 $121,973 $202,973
EXPENDITURES
LIST OTHER PROGRAM RESOURCES
SOURCE
AMOUNT
$81,000
$121,973
CDBG
City General Fund
TOTAL $202,973
EXHIBIT B
Attachment 6
2005-2006 CDBG FUNDED PERSONNEL
ADMINISTRATIVE STAFF
CDBG % of Time
Total Funds Position
Position Annual Annual Compensation Requested is
Title Salary Benefits Dedicated
to
Proqram
Sr. Rec 82,710 16,256 98,966 24,742 25%
Super
PROGRAM STAFF
CDBG % of Time
Total Funds Position
Position Annual Annual Compensation Requested is
Title Salary Benefits Dedicated
to
Proqram
Comm Ctr 15,233 1,190 16,423 16,423 100%
Aid
Tech 10,233 807 12,129 12,129 100%
Tutor
Tutor 14,638 1,143 15,781 15,781 100%
Tutor 8,495 670 9,165 9,165 100%
CONTRACT PERSONNEL
CDBG % of Time
Total Funds Position
Position Annual Annual Compensation Requested is
Title Salary Benefits Dedicated
to
ProQram
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all sub recipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Grantee/Contactor Organization
Program Title
Name of Certifying Officer
Signa ure
-----
---OJ
Date
EXHIBIT C
Page 1 of2
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground 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
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis-Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S envirornnental 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.
EXHffiIT C
Page 2 of2