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HomeMy WebLinkAboutItem 08 - Newhope Library Renovation Project 'per Library www.santa-ana.org/library Item # 8 City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Staff Report October 7, 2025 TOPIC: Newhope Library Renovation Project AGENDA TITLE Additional Construction Funding to Address Critical Maintenance Needs and Original Workmanship Quality Issues for the Newhope Library Renovation Project (Project No. 22-1802) (General Fund) (Non General Fund) RECOMMENDED ACTION 1. Approve additional construction funding for the Newhope Library Renovation Project in the amount of $600,000 in General Fund and Cannabis Public Benefit Fund funding. 2. Approve an amendment to the Fiscal Year 2025-26 Capital Improvement Program to include $600,000 in construction funds for the Newhope Library Renovation Project (Project No. 22-1802). GOVERNMENT CODE §84308 APPLIES: Yes DISCUSSION On September 17, 2024, the City Council approved a construction contract with PCN3, Inc. for construction of both the Newhope Library Renovation Project and the Delhi Library Project. The Delhi Library Project is now complete and open to the public. Construction of the Newhope Library is underway, with an estimated completion of March 2026. The Newhope Library, constructed in the mid-1970s, is a 50-year-old facility that has received minimal critical and life safety upgrades over its lifetime. Nearly all of the facility's building materials and major mechanical systems are original, including HVAC equipment, windows, framing, and exterior site furnishings, which have now reached the end of their useful life. The renovation was initiated to modernize the facility, addressing long-deferred critical and life safety maintenance needs that will extend the building's service life by another 50+ years. Newhope Library Renovation Project October 7, 2025 Page 2 Similar to the Main Library Renovation Project, staff anticipated that unforeseen conditions would emerge once demolition began due to the building's age and original construction quality. As expected, several significant issues were uncovered during these recent and early phases of construction, including: • Deteriorated and poorly constructed interior framing, preventing easy integration with new materials and walls. • Wood beam and framing damage from dry rot and termite activity. • Deteriorated building materials, including significant amounts of insulation. • Mediocre original construction quality and discrepancies in slab on grade conditions when comparing original plans to current site conditions. • Deteriorating exterior building concrete and window frames stemming from decades of deferred maintenance. • Significant signs of water damage related to lack of building repairs and roofing upgrades. Because the exact condition of the building was previously concealed, the necessary upgrades and repairs only became apparent after demolition commenced. While the full cost impact of the corrective work is ongoing and still being finalized, it is clear that additional construction funding is necessary to proceed with the required critical maintenance, workmanship issues, and life safety related repairs that will allow staff to maintain the project schedule. The original total estimated construction delivery cost for both the Newhope Library Renovation and Delhi Library projects was $9,132,303, which included the construction contract bid amount ($8,215,533), construction administration ($95,217), and a 10% allocation for additional construction related costs ($821,553). The recommended action will increase the total estimated construction delivery cost by $600,000 to a new total delivery cost of$9,732,303. While the original cost analysis only included a 10 percent funding allocation for additional construction costs, the Library Services Agency reserved enough funding for a 15 percent allocation. Further, the Library was able to capitalize on efficiencies that allowed for the repurpose of other Newhope Library funding slated for furniture, fixtures, and equipment to cover the construction increase. Finally, the Library recognized construction related savings on the recently completely Outdoor Library at Jerome Park and additional savings related to furniture, fixtures, and equipment for the Delhi Library project. This funding can be reallocated to the Newhope Library renovation to help offset the required critical and life safety related repairs. Combined, these funds will fully offset the additional $600,000 requested for Newhope Library's construction costs. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. CEQA determination for the project was made under previous City Council action on September 17, 2024 and Newhope Library Renovation Project October 7, 2025 Page 3 staff filed Categorical Exemption Environment Review No. ER-2024-82. The recommended actions are exempt from further review pursuant to Sections 15301(a) and 15301(d) of the CEQA Guidelines for projects consisting of interior and exterior alterations, as well as restoration or rehabilitation of structures, facilities, mechanical equipment, and windows. FISCAL IMPACT Funds were budgeted and available in the following accounts for Fiscal Year 2024-2025 and will be carried forward for use in Fiscal Year 2025-2026, subject to City Council approval of carryover requests. Additional proposed carryovers of unspent funds to future fiscal years will be presented to City Council for approval as needed. The following table summarizes the funds budgeted for expenditure: Accounting Unit - Accounting Unit, Fiscal Account No. Fund Account No. Amount Year Project No. Description Description Budget Available via Proposed Carry Forward to FY25-26 01111110-66200 Library Administration $84,500 2025-26 (22-1802) General Fund — Buildings & Building Improvements 01211020-66200 Cannabis Library Youth Services 2025-26 (22-1802) Public Benefit — Buildings & Building $423,500 Fund I Improvements Reallocation 01211020-66200 Cannabis Library Youth Services 2025-26 (from 22-1382 to Public Benefit — Buildings & Building $15,000 22-1802) Fund Improvements 01111017-66200 Library Service 2025-26 (from 22-1381 to General Fund Enhancement— $77,000 22-1802) Buildings & Building Improvements TOTAL $600,000 EXHIBIT(S) 1. Construction Contract 2. Environmental Determination 3. Capital Improvement Project Worksheet Submitted By: Brian Sternberg, Executive Director of Library Services Approved By: Alvaro Nunez, City Manager EXHIBIT NO. 1 II�$URANCE ON FILE RK MAY PROCEED UNIIL INSURANCE XPIRES CITY OF SANTA ANA ��( �r� Z� CITY CL CONSTRUCTION CONTRACT DATE: NUV 19 2024 PROJECT 22-1802 &23-1385 0'•PwW�Z� �iEWHOPE LIBRARY MODERNIZATION&DELHI LIBRARY BRANCH IMPROVMENTS Citmrao FmAtIlklV This CONSTRUCTION CONTRACT is made and entered into this 17`h day of September, 2024 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and PCN3, Inc. (hereinafter"CONTRACTOR"). WITNESSETH: The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Newhope Library Modernization and Delhi Library Branch Improvements Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the"Contract Documents"as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Eight Million Two Hundred Fifteen Thousand Five Hundred Thirty Three Dollars and No Cents ($8,215,533.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit"A," and in accordance with Section 2-7.1 of the Greenbook: Standard Specifications for Public Works Construction. rev.09/01/2017 Page 1 of 4 The BID PROPOSAL contains a schedule of unit price(s) or lump sums) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay,and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre-hire collective bargaining agreement,which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http•//www.santa-ana.org/pwa/documents/CWA.pdf 7. CONTRACTOR shall, after award of this Contract, furnish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work(Performance Bond),and one in the amount of One Hundred Percent(100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 8. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of Ten Thousand Dollars($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars($500,000),the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent(10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, furnish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 10. INDEMNIFICATION. To the fullest extent allowed by law, CONTRACTOR and its Subcontractors hereby agree to defend, indemnify, and hold harmless CITY, its City Council, boards and commissions, officers, agents, employees, representatives and volunteers (hereinafter collectively referred to as "Indemnitees"), through legal counsel acceptable to CITY, from and against any liability, claims, actions, costs, damages or losses, including reasonable costs and attorney's fees, for injury, including death to any person or damage to any property, arising directly or indirectly from,or in any manner relating to,any of the following: Page 2 of 4 (i) Performance or nonperformance of the Work of Improvement by CONTRACTOR or its Subcontractors of any lower tier; (ii) Performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of any of the obligations under the Contract Documents; (iii) The construction activities of CONTRACTOR or its Subcontractors of any lower tier, either on the project site or on other properties; (iv) The payment or nonpayment by CONTRACTOR of any of its Subcontractors of any lower tier, for Work of Improvement performed on or off the project site; and (v) Any personal injury, property damage or economic loss to third persons related to and arising from the performance or nonperformance by CONTRACTOR or its Subcontractors of any lower tier, of the Work of Improvement. (vi) The indemnity obligations of Subcontractors provided by this Section shall be included in all subcontract documents issued by CONTRACTOR. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. 11. FEDERAL FUNDING REQUIREMENTS. Contractor shall comply, and ensure all subcontractors comply, with all applicable regulations, policies, guidelines and requirements of the Community Development Block Grant (CDBG) program set forth by U.S. Department of Housing and Urban Development for sub-recipients including, without limitation, the funding requirements laid out in Appendix P of the Contract Documents. Contractor's attention is specifically directed to the following, which are each incorporated herein by this reference: (i) 2 CFR Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). (ii) Program Income—24 CFR Part 570.500(a)(1) (iii) Unused Program Income—24 CFR Part 570.503(b)(3) (iv) Transfers of Program Income—24 CFR Part 570.504(b)(2) (v) Disposition of Program Income--24 CFR Part 570.504(c) (vi) Applicability of Uniform Administrative Requirements--24 CFR § 570.502 (vii) Subpart K of the CDBG Regulations, commencing with 24 CFR § 570.600 (viii) ,Section 3 Requirements specified herein. (ix) Federal Contract Provisions specified herein. With respect to any conflict between such federal requirements and the terms of the Contract Documents and/or the provisions of state law and except as otherwise required under federal law or regulation, the more stringent requirement shall control. Contractor shall be subject to the Davis-Bacon Act. The federal minimum wage rates are attached hereto as Appendix O of the Contract Documents. When the Davis- Bacon wage rates and California prevailing wage rates differ for similar kinds of labor, the Contractor shall pay not less than the higher rate. Contractor shall additionally comply with the applicable flow down terms and conditions of the CDBG Funding Agreement, which are attached hereto as Exhibit `B", and incorporated herein by reference. Nothing in the Contract Documents shall be construed to give rise to any implied right of indemnity in favor of CONTRACTOR against CITY or any other Indemnitee. Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: CITY OF SANTA A O� NNIFE HA L - ALVARO NUNEZ Ci City Manager APPROVED AS TO FORM: SONIA R. CARVALHO CONTRACTOR: City Attorney PCN3, Inc. By: JONATHAN T. MARTINEZ NAME: Brian Abghari Assistant City Attorney TITLE: President RECOMMENDED FOR APPROVAL: Digitally signed by Nabil Saba N a b i l Saba Date:2024.08.29 14:25:39 -07'00' NABIL SABA, PE Executive Director Public Works Agency Page 4 of 4 k EXHIBIT A EXHIBIT A CITY Or SANTA ANA PROPOSAL PROJECT NOS. 22-1802 AND 22-1382 NEWHOPE LIBRARY MODERNIZATION AND DELHI LIBRARY BRANCH IMPROVEMENTS BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: PCN3, INC REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Newhope Library Modernization 1 LS $ $ O O 2 Delhi Center Library Renovations I LS $�! I v 6{ $ 12 6 0 G / l 3 Owner Allowance 1 LS $50,000 $50,000 4 Constniction Permits 1 LS $20,533 $20,533 TOTAL BASEBID i $ f/ 19(5 6 Item Description Qty Unit Unit Price Annount Bid Painting Exterior of Delhi Center 1 LS $ $ Alternate 2 5 DOO 2 5 QOo The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any,all, or none of the add-alternate bid items(if any). The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the"25%"limit as stated in Section 7-3.5 of the Standard Specifications. The actual P-1 of P-19 CITY OF SANTA ANA Addendum No 2 PROPOSAL Projecl No, 22-182 & 22-1382 PROJECT NOS. 22-1802 AND 22-1382 NEWI-IOPE LIBRARY MODERNIZATION AND DELHI LIBRARY BRANCH IMPROVEMENTS amount for this item will be dictated by the actual quantity used, and (lie Agency reserves the right to increase or decrease the quantity of this ilem accordingly. f This bid item is considered a Specialty Item per Section 3-2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid & bid alteniates amount shown above,within the working days and the milestone listed.This project will consist of two projects (Newhope Library Modernization&Dellii Library Branch Improvements) that will be running concurrently. The contractor will have 130 ivorking days to complete the improvements at Delhi Library Annex and 150 working clays to complete the renovations of Newhope Library. In total, the contractor will have 280 working clays to complete all construction based on the following phasing requirments: I. The contractor will have a 30 working days administrative period. 2. Delhi Construction will be started first after(lie NTP. 3. After receiving a certificate of occupancy, the contractor will have 5 working days for punch list corrections. At the end of the 5 working days, the City will begin moving into the space. Punch list corrections may continue beyond City move-in, if necessary. 4. City move-itr and staffing will occur for 15 working clays. 5. After the City completes move-in to Delhi, the City will move out of Newhope Library(20 working days), 6. Contractor shall relocate/establish office trailers and other temporary facilities at the Newhope Library during the move out duration. 7. Construction on Newhope shall start as soon as move-out is completed. Upon issuance of the Notice to Proceed, Contractor shall immediately place order for long-lead time items. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be$1,500 per calendar day for the Delhi Library and$2,500 per calendar day for the Newhope library. Name of Firm PCN3 INC Signature of BIDDER rian Ab hari Title President, Secretary, Treasurer and Manager _ (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-19 CITY OF SANTA ANA PROPOSAL PROJECT NOS. 22-1802 AND 22-1382 NEWHOPE LIBRARY MODERNIZATION AND DELHI LIBRARY BRANCH IMPROVEMENTS BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council,endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council,signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document,and its execution,and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will fiurnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids,and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm PCN3 INC Signature of BIDDER Brian Ab hari Title Brian Abghari - President, Secretary, Treasurer and Manager (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary,Treasurer and Manager,thereof) P-3 of P-19 EXHIBIT B U.S.Department of Housing and Urban Development EXHIBIT B Funding ApprovallAgreemenf , Title I of the Housingand Community Office of Community Planning and Development ty Community Development Block Grant Program OMS Approval No.2506-0193 Development Act(Public Law 930383) exp 1/31/2025 HI-00515R of 20515R 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a,Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number Santa Ana 956000785 KZE902M4GRX9(UEl) 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin 20 Civic Center Plaza 07/01/2022 Santa Ana,CA 92701-0000 5a.ProjectlGrant No.1 Ba.Amount Approved 13-22-MC-06-0508 $5,088,771 5b.ProjectlGrant No.2 Bb.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review, decision making,and actions,as specified and required in regulations issued by the Secretary pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub- recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organizailon} Rufus Washington Santa Ana(City of) Title Title CPD Director City Manager Signature Date(mmlddlyyyy) Signature Date(mmlddlyyyy} 10/21/2022 X X 7.Category of Title I Assistance far this Funding Action: 8.Special Conditions ga.Date HUD Received Submission 10.check one (check one) (mmlddlyyyy) ®a.Orig.Funding Entitlement,Sec 106(b) ❑None 9b.Date Grantee Noiif ed Approval ®Attached (mmlddlyyyy) ❑b.Amendment 9c.Date of Start of Program Year Amendment Number 7!1/2022 11.Amount of Community Development Block Grant FY 2022 a.Funds Reserved for this Grantee b.Funds now being Approved $5,088,771 c.Reservation to be Cancelled 11a minus 11b 12a.Amount of Loan Guarantee Commitment now being Approved 12b,Name and complete Address of Public Agency NIA Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency guarantee assistance,and agrees to comply with the terms and conditions of the Agreement,applicable regulations,and other requirements of I-IUD Title now or hereafter in effect,pertaining to the assistance provided it. Signature X HUD Accounting use Only Effective Date Balch TAC Program Y A Reg Area Document No. Project Number Category Amount (mmlddlyyyy) F n 0] 176 y Project Number Amount Y PIQ1 CIE MbenAmount Date Entered PAS(mmlddlyyyy) Date Entered LOCCS(mmlddlyyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(5/15) 8. Special Conditions. (a) The period of performance and single budget period for the funding assistance specified in the Funding Approval ("Funding Assistance") shall each begin on the date specified in item 4 and shall each end on September 1, 2029. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2029. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s)described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base CDA 14.92 % a/o % Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (e) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management(SAM,gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement,public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication- related, water- related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act(Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372-Special Contract Condition -Notwithstanding any other provision of this agreement,no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). i INSURANCE NOT REQUIRED WORK MAY PROCEED A-2022-092-26 CLERK OF COUNCIL DATE: MEMORANDUM OF UNDERSTANDING BETWEEN TIIE CITY OF SANTA ANA AND -COP CO) PUBLIC WORKS AGENCY fUrS)05( FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Memorandum of Understanding is hereby made and entered into this 1 day of July, 2022, by N and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the- Constitution and laws of the State of California ("CITY'), and Public Works Agency of the City, C=:) ("SUBRECIPIENT"). e� 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") Entitlement Program, Catalog of Federal Domestic Assistance(CFDA)Number 14.218, and Federal Award Identification Number (FAIN) B-22MC-06-0508, desires to enter this Agreement with the SUBRECIPIENT 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"). 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"). C. The SUBRECIPIENT 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 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 fluids provided under this Agreement will meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208). D. SUBRECIPIENT agrees that it will adhere to the performance measurements and outcomes as indicated on Exhibit A (Schedule of Performance). Failure to follow the measurements and meet the stated outcomes may constitute breach of contract that could result in termination of this Agreement or serve as reason for the City to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement. WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and SUBRECIPIENT: I. SUBRECIPIENT'S OBLIGATIONS A. Representations and Warranties. (a) Authority. SUBRECIPIENT is in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution,performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided hereunder. 1 (c) Familiarity With' Services Required. By executing this Agreement, SUBRECIPIENT Warrants that(i) it has thoroughly investigated-and considered the services to be performed and provided, hereunder, (ii) it bas carefully considered how -the services should be performed; and (iii) it fully understands the facilities, difficulties and'restrictions attending performance of the services-under this Agreement. (d) No Confiliet. -To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or.a breach- under any'contract, agreement or order to which SUBRECIPIENT is a party or by Which it is bound. (e)'No Bankruptcy. SUBRECIPIENT is not the subject of any current"or.11neatened bankruptcy proceeding. (f) No Pending Legal Proceedings, SUBRECIPIENT is not the subject of a current or. .threatened litigation that would or"may materially affect SUBRECIPIENT'S performance under,this Agreement. (g) Application Veracity. All provisions of and information provided in SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true and correct in all material respects, (h) No Pending Investigation. SUBRECIKENT 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 performance of the Agreement or provision of services hereunder. . .B.- Amount of- Grant/Torm and Quartgrty Disbursement, The amount granted. to SUBRECIPIEIVT is $506,250 ("CDBG FUNDS"), for the term of July 1, 2022 through June 30,2024 for Tr&fpc Engineering in Residen#ial Neighborhood. Such funds shall be expended by SUBRE PIENT on or before June 30, 2024, The Term of this Agreement may be extended by a writing executed by the City Manager, or his or her designee, and.the City Attorney. The CDBG FUNDS shall be disbursed by CITY to SUBRECIPIENT on a.quarterly basis subject to and upon receipt and approval of a complete quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction of the condition precedent of submittal of complete reporting information due on ,or before July 15 of the applicable funding year, as Wreinafler more fully set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond the term, including,but not limited to, obligations with respect to indemnification, audit$, reporting, data retention/reporting, and accounting. failure to. provide any of the required documentation and reporting will cause CITY to withhold all or a portion cif-a request for reimbursement, or return'the entire reimbursement package to SUBRECI ENT, until such documentation and reporting has been received and approved by CITY, The CITY reserves the right to reduce the grant application if the CITY's fisoal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent fluids at the end of the.program year. Amendments.in the grant allocation will be made after consultation.with SUBRECIPIENT, C. Use of Funds. , UARE ITIENT agrees to use all federal funds _pr6vi�led by CITY to. SUBRECIPIENT pursuant to th s..,A.greemept to operate said program, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein, SUBRECIPIENT'S failure to perform as required way, in addition to other remedies set forth in this Agreement,result in readjustment of the amount of fiends CITY is otherwise obligated to pay to SUBRECIPIENT hereunder. 2 D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before Tune 30, 2024, and to use said funds•to pay for necessary and reasonablo'costs allowable under the federal law and regulations to operate said program. Said amounts shall include,but not be limited to,wages,-administrative costs, and employee benefits comparable.to other similarly situated.employees, and indirect costs. Other allowable program costs are detailed in the budgct, as set forth in "Exhibit B," attached hereto and by this reference.incorporatedherein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said hands may-be expended pursuant to the terms and conditions of this Agreement. SUBRECIPIENT has the ability to adjust line item amounts hi the budget with the written- approval of the CITY's Executive Director bf,the Community Dovelopxrent Agency, or designee, so long.-as the total budget amount does not increase. Pursuant to 2 CFR§200.331(a)(4),the Indirect Cost Rate for the SUBRECIPIENT's award shall be an approved federally recognized indirect cost rate negotiated between the SU13RECIPIENT and the Federal goverx mont; or, if no such rate exists, the de miriiinis indirect•cost rate as defined in 2. CFR §200.414(b)Indirect(F&A)costs. For this agreement, the de minimis indirect cost rate of 10%will apply. E. Licensing. SUBRECIPMNT agrees to obtain and maintain all required• licenses, registrations, accreditation and inspections from all agencies governing; its operations, SUBUCIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations; accreditation and .inspections from all 'agencies �governing SUBRECIPMNT's operations hereunder. Such :licensing requirements include obtaining a City business license,as applicable. F. Zoning. SUBRECWIBNT agrees that any facility/property used in firt'therance of said program shall be specifically zoned and permitted for such usc(s)and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SU13RECIPIENT shall immediately mare good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) horn the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations,or to remedy such known violation(s)shall result in termination of grant funding hereunder. SUBRECIPIENT must mare 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 iu termination of grant funding hereunder. G. S ration of Accounts.All funds received by SUBRECIPMNT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured bmn :ing or savings and loan.institution with reeord'keeping of such accounts maintained pursuant'.to applicable.2' CFR.200.302 requirements.. "RECIP ENT is not required to maintain separate depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable 2 CFR 200.302 requirements. H. Audit Report Requirements. SUBRECIPIENY agrees-that if _IPIRNT.ejpends� Seven Hundred.Fifty Thousand Dollars($750,000)or ruore 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 M4nagement and Budget. SUBRECIPIENT shall provide CITY with a-copy of said'audit by'.April 1 of the year following.the program y iri which tlr Agre ' nt'is executed. I. Record Kee j ortin . SUBRECIPIENT shall keep and maintain complete. and adequate records and reports on program participants to determine their initial and continuing eligibility for 3 the program services being provided.to assist CITE in meeting and maintaining its record keeping . responsibilities under the CDBG•REGS,including the following- (1) Records a. Documeatatian-evidencing program income requirements in'•confoi7nity with 24 CFR 570304(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 bythe'SUBRECI TENT program, b. Documentation of.the number of persons and/or families participating in or benefiting by the SUBRECIPIENT program, c, . Household information shall include number. of persons, identification of-head of household,race/ethnicity;and income verification of all household members ages 18 and over, d. Documentation of all CDBG 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 and proof of payment 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) Rep - a. Payment.Request." Concurrently with the submittal of each quarterly report,on or before - . the 15th day of October; 1anuary, April and July, SUBRECIPIENT shall submit both: an original invoice/request for reimbursement and true copies of invoices, receipts, canceled checks, bank statements, credit card statements, procurement documentation for goads or services, timesheets, payroll records, benefit statements, agreewerits,_ contracts or documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing.how the CDBG FUNDS have been expended during the applicable quarter. b. Quarterly Progiess Report, SUBRECIPIENT agrees to beep records of all ethnic and racial statistics of-persons and families benefited by SURRECIPIENT 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,the number of female heads of households assisted, new program information and. year-toAate program statistics on expenditures," caseload and activities, failure to provide any .of the required documentation and reporting,will cause CITY to withhold all or a portion of a request for reimbursement, or retwn tlio",entire'reimbursement package to SUBRECIPIENT, until such documentation and reporting has been received and approved by,CITY. J. • Access to R.ecoiAs, CITY and the United States Government and their,representatives or • auditors shall hove access. for..,purposes of monitoring, audiflug, and ei)mining SUBRECIPIENT`s activities mid performance; to books, documents and papers, and the right to examine records of SUBRECIl'IENT's subcontractors,bookkeepers and accountants, employees and participants in regard to . said program, CITY and the United States Government and their representatives or auditors shall also schedule on-site monitoring at their discretion. Monitoring activities may also include,but are not limited 4 to, questioning employees and participants in said program and entering any premises or any site in which any of the. services or activities funded hereunder is conducted or in which any of the records- of SUBRECIPIENT are kept. 'Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law, K, Location of Records/R uired.Len of Record KogI2ing. All accounting records,reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of SUBRECIPIENT and all documents•related to this.Agreement shall be maintained and kept available at SUBREC.IPIENT'S office or place of business for.the duration of the Agreement and.thereafter for five (5) years from the date of final payment under this Agreement. 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 complete resolution or disposition of such appeals, litigation olairns, or 'exceptions.• In the.event SUBRECIPIENT does not make the above-referenced documents available within . the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred-by CITY-in conducting any audit at the location where said records and books of account are maintained. L. Com liance 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 SUBRECIPIENT shall be returned to CYFY unless otherwise provided for in this Agreement.SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders applicable to its operation whether or not referred to in this Agreement•- M. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduot business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549,"Debarment and Suspension", See also 24 CFR 570.609, SUBRECIPIEN.T must review and sign Exhibit C "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIMENT shall be nn 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, SUBRECIPIBNT shall, where applicable, maintain the confidential nature of information provided to -it concerning participants in 'accordance -with 'the. requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit,'examinations, monitoring and verifications of reports submitted by-SUBRECIPIENT, costs incurred' and services rendered hereunder. Q: Independent Contrdctor, SUBRECIPIENT agrees that the performance of obligatiozrs hereunder is rendered in its capaoity-as an independent contractor and that it is in noway an agency of CITY, P. ' 'Violation of Terms and Condition's. SUBRECIPIENT agrees that if SUBRECIPIENT."" violates any of the terms and conditions of thin Agreement or any Orior Agreement whereby,CDBG•funds were received by SUBRECIPIENT, or if S-0BRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained and/or spent under fraudulent circumstances. Q. Eauipment. SUBRECIPIENT agrees to maintain a record for each item of non-expendable personal property acquired under the terms of this Agreement. Said record shall.be,made available to CITY upon request. The term"nc 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,or other prohibited uses. S. Lobbying. SUBRECIPTENI`certifies that it will comply with federal law'(31 U.S.C:1352) and regulations found at 24 CFR Part 87, which provide that no appropriated fiends may be expended by the recipient of a federal-contract, grant, loan or cooperative agreement to pay any person for influennoing or attempting to influence an of or employee of any agency; Member of Congress, or an offcex or employee of a Member of Ingress in connection with awarding of-anyfederal 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 .ki a form as set forth in."Exhibit D," attached hereto and-by this reference incorporated herein.- SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any sums to SUBRECIPIENT larder 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 mtempting 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, grans; loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form,to Report:Lobbying,"in accordance with its instructions(Exhibit D). SUBRECIPIENT shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontractors, sub-grants, and contracts under grants, loans, and cooperative agreements), and agrees to take .all actions necessary to ensure that all subrecipients shall similarly certify and disclose accordingly. T. Financial In crest SUBRECIP ENT agrees that except for the use of CDBG funds to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised •any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in.a position to participate -in.a decision-malcing process or gain inside information-with- regard to such . activities, may obtain a financial interest or benefit from a CDBG-assisted activity'of SUBRECIPIENT, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official.of CITY,or of any designated public agency?9r.the SUB,RECIPIEN`I'. U. -Labor_Standards. The SUBRECIPIENT agrees to comply with the requirements of the'. • Secretary of Labor in accordance with the Davis-Baron Act as amended,the pro-visions of Contract Work Hours and Safety Standards Art U.S.C. 327 et seq.) and all other applicable 1{eoral; state xixcl local: p t; 4ppy p laws and regulations ertaliein to Ial�or standards Insofar as�tlxri�se=acl:���� 1"•to��tYi�e�� •erformarr,oe-af this •' -_ Agreement. The SUBRECEPIENT agrees-to comply with the-Copelarid Anti-Rick Back Aci (18 U•.S,C. 874 et seq;) and its implementing regulations of the U.S. Department,of Labor at 29 CFR Part-5, The CIPIENT' shall maintain documentation that demonstrates corn e liance with hour and wage SUBRB p 8 i G requirements of this part. Such documentation shall be made available to the CITY for review upon request. SUBRECIPIENT agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8)units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract;-shall comply with Federal-requirements adopted by the CITY pertaining to such contracts and with,the applicable requirements of the regulations of the Department of Labor,under 29 CFR Parts 1, 3, 5 -and 7.governing the payment of wages and ratio of apprentices and trainees to journey workers;provided that,if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the SUBRECIPIENT-of its obligation, if any, to require payment of thehigher wage. The SUBRECIPIENT shall cause or require to be.inserted in full, in' all such contracts subject to such,regulations, provisions meeting the requirements of this paragraph, V. Section 3 of the Mousing and Urban. Development Act-of 1968. SUBRECIPIENT will make every effort to provide training opportunities for low-and moderate-income persons residing within the community where the construction.project is located and-contracts-awaYded to 1=1 businesses therein to the greatest extent feasible as required under the provisions of Section 3 of the Housing and Urban Development Act of 1968, the regulations.set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this-Agreement.Compliance with the foregoing requirements shall be a condition of the federal financial assistance.provided under this Agreement and binding on the SUBRECIPIENT. Failure to .fulfill these requirements shall subject the SUBRECIPIENT, its successors and designees, to those sanctions specified by the Agreement through which federal assistance is-provided. The SUBRECIPIENT certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. SUBRFCIPIBNT shall make every effort to ensure that all projects funded wholly or in part by CDBG funds shall provide equal employment opportunities for minorities and women. W. Drug Free Workplace. SUBRECI PIENT agrees to provide a. drug-free work place and to execute a certification as set forth in"Exhibit E"attached hereto and incorporated herein by this reference, X. Uniform Administrative.Requirements, Cost Principles, and Audit Requirements for Federal Awards, The following requirements and- standards must be complied with: 2 CFR Part 200 ct al. SUBRECIl?IENT shall procure all materials,property, or services in accordance with the requirements of 2 CFR 200.318-326, Y. Subpart K_of 24 CFR 570, SUBRECIPIENT will carry out its activities-in compliance with the requirements of Subpart K of 2�44 CFR 570,• however SUBRECIPIENT does not.-assume the CIT Y's environmental responsibilities or the responsibility for Utiating•the environmental review process under 24 . CFR'Part 52. Z. Women- and -MinoritiLOwned Businesses W/MBE SUBRECIPIENT .will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2.CFR.200,321 "Contracting with small and minority businesses, worrten's business . enterprises, and labor surplus area.firrns As used in this Agreement;.the.term"sanall business"•means.a. business that meets the criteria set forth in-section 3(a) of the Small:Busincss-Act;as-athrhded(15 I7yS.C, 632);axid "minority and women's business enterprise"means a business at least fifty-one percent (510/D) owned and controlled by minority'group members or women. For the purpose of this .definition, 'minority group members" .are African-.Americans, Spanish-speaking, Spanish surnamed. or Spanish- heritage Americans, Asian.-Americans, and American Indians. SUBREMPIENT may rely on written 7 i representations by businesses regarding their status as minority and femalo business•enterprises in lieu of . . an independent investigation. II. • CITY'S 013 LIGATIONS A. Payment of Funds.- On-July 1, 2022, the CITY was allocated $5,089,771 for fiscal year 2022- 2023 from the United States- Department of Housing and Urban Development ("IUD'') Community , Development Block Grant("CDBG")Entitlement Program. CITY agrees to pay to-SU:BRECIPIENT when, if'arid to the extent federal funds:are received a sum not to exceed FWE III.1 AED SIX THOUSAI` D, :TWO HUNDRED) FIFTY Dollars P06,250) for SIJBMCIPIENT'S performance in accordance with the .Budget attached hereto-as "Exhibit B" during the period of this Agreement. Payments shall.be triade to SUBRECIPIENT through fhb submission of invoices/reimbursement requests, CITY shall•pay such invoices/reimbursement requests within thirty(30) days after receipt thereof provided CITY is satisfied-that such expenses-have been-incurred and documented.within the scope•and provision of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this Agreement.-Failure to provide dny of the required documentation and reporting will cause CITY to • . withhold all or a portion of a request for reimbursement, or return the entire reimbursement paclage to SUBRECIPIENT, until such-documentation'and reporting has been received and approved by CITY. Dociumutation may include, but is not limited-to true copies of invoices, receipts, canceled checks,bank . statements, credit card statements, procurement documentation for goods or sorvices, timesheets, payroll records,benefit statements, agreements, contracts,gar documentation pertaining to costs for subcontractors, and/or other documentation supporting and evidencing how the CDBCr FUNDS have been expended during the applicable quarter. B. Audit of Account, CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's annual audit of all CDBG•FLINDS in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. C. Common Rule, Pursuant to 2 CFR 200.328(a),the CITY-manages the day-to-day operations of each grant and subgrant 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, - D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for undertaking environmental review'and• maintaining; environmental"review records for each applicable project. E. Performance Monitoring: CITY shall monitor the.performance.of'STJBRECIPIENT against goals and performance- standards required herein, The, SUBRECIPIENT shall be responsible to accomplish the levels of performadoe-as set forth-ins Exhibit A and report such measures'quarterly to'tht . CITY. If the SUBRECOENT estimates such--goals will not be met, the.SUBRECIPMNT-i's to 0011tact the CITY, at which time the MY,Will determine if any adjustments to the grant award is appropriate. Substandard performance as- determined by- the CITY will constitute non-compliance with this Agreement. Should the CITY determiae:that the SUBRECIPIENT has. not performed its c lil gatitkis'•as :stated.in this contract in a satisfactory--manner;.or if the CITY determines' t iVsuffioient.$ tpportiiag•: information has been submitted, the. UT'Y shall notify the SUBRECIPfEM in' writing of lts determination specifying in full detail the objections which it has to the SUBRECIPIENT's performance, If'action'to correct such substandard performance is not taken by the SUBRECIPIENT after being. 8 notified by the CITY, within a reasonable period of time as stipulated in,the written notification, contract suspension or termination procedures will be initiated. III. NONDISCRIMMATION A.. -SUBRECIPIENT agrees to comply with Executive Order 11246 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to,discriminate against any-,employee or •applicant for employment because of raee, religion, sex;color or national origin. Such action shall include, but not be.limited to the following: employm iti upgrading,demotion,-or transfer,rates-ofpay or other forms of compensation,'and selection for training, inchidiug apprenticeship, SUBRECI TENT agrees to post in conspicuous places; available to employees and applicants for employment,.riatices to:be_provided by the SUBRECIPIENT.setting forth the provisions of this nondiscrimination clause. B. SUBRECIPIENT agrees to comply with Title VI of the Civil Rights Act Qf 1964 which indicates that-no person shall, on-the ground of race, color or national-origin, be excluded,fiom participation in,.be -denied.the benefits of, or be subject to discrimination under any program of activity receiving federal financial assisttmee. C. No person shall, on the grounds of race,sex,creed, color,religion,marital status;national origin, age, sexual orientation; or physical or mental handicap be excluded from participation in, be-refused' the benefits of,or othermse be subject to discrimination in any activities,programs or employment supported by this Agreement. "RECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974,as amended. D. SUBRECIPMNT agrees to comply with the Age Discrimination Act of 1975 which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include,but not be Iimited to.the following; employment upgrading, demotion, or transfer, rates of pay or other forms.of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment,notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause. E. SUBRECIPMNT agrees to comply with Section 504 of the Rehabilitation Act of 1973 which requires that no otherwise qualified'individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under.any program or activity conducted by any executive agency or by the United States Postal Service, IV. CONI+LICT Or INTEREST Pursuant to the conflict of interest requirements set forth Jn.24•.GFR 570.,611:and.2..C:FR 200.112, SUBRECIl''1LW certifies that 'no member, officer, employee, agent or assignee of.CITY having direct or indirect-control of any CDBG monies granted to the CITY, inclusive of the subject,CDBG FU.N. DS,shall , sei-vc as an officer of SUBRECIPfENT, Further,any conflict orpotpigipl conflict,of interest of any off.,.icer.of SUBREOWENT shall be billy disclosed k writing prior to the execution of this Agreement and said writing shall be attached and deemed fully incorporated as a part hereof,'~Notice shall be sent:by SUBRECIPXENT to CITY regarding any changes orm5difictttions to its board of directors and list of.officers, 9 V. SPECIAL.CERTEFICATION FORRELIGIOUS ENTIDIES. If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in, connection with the provision of the services SUBRECIPIENT shall provide with CDBG funds, in-acebrdmice with 24 CFR 570.2000); A: SUBRECIPIENT shall not discriminate against any .employee or applicant for employment on the basis of religion and skull not limit employment or give preference in=ploymcnt to persons on the basis of religion. ; R, SUBRECIPIENT shall- not ,discrina hate against any person applying for the services . SUBRECIPIENT agrees to•provide under the terms of this-Agreemenfon.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 rise of CRY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section:4 of the California . Constitution,and is not in any manner intended to restrict other activities of SUBRECIPIENT, D. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols, E. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT,CDBG Rinds 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 iti dollar terms only an incidori_tat portion of the CDBG expenditure fW rendering the services under-said program.. VA. PROIIIBITft IN UI+`NEPOTISM SUBRECIPIENT agrees not to hire or permit the hiring of any person-to fill a position funded through this.Agreement if a member of that person's immediate-family is employed in an administrative capacity by-SUBRECIPIENT. For the purposes of tlus-section,the term "immediate fancily"means spouse;. child, mother, father, brother;,sistcr, brother-in-law, sister-in-law,,father-in-law, mother-M4aw, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild:� The term "administrative capacity„ means having selection,hiring,supervisor or management responsibilities. VH. 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 Dovelopment Agency(M-25). 20 Civic Center Plaza P.O,Box 1988 Santa Ana,California 92702-1988 1a TO SUBRECIPIENT: NAME:Nabil Saba Executive Director Public Works Public Works Agency. 20 Civic Centel Plaza Santa Ana,CA 92702 VIH. ASSIGN'A.I3ILIIY None of the duties.of,or work to be performed 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 SUBRECIPIENT pursuant to. this Agreement. IX. HOLD RARN)1E8 SUBREGIPIENI'shall indemnify, defend and save harmless CITY, its officers, employces, agents, •representatives and volunteers from and against any and all damages to or for loss of use of property and for 'injuries to or death of any person or persons,including property and employees or agents of CITY,and shall defend, indemnify and save harmless CITY, its officers, employees, agents, representatives-and volunteers from and against any and all claims, demands, suits,actions or proceedings of any kind or nature, including, but not by way of limitation, workers-compensation claims and including attorney fees and reasonable expenses for litigation or settlement, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT,its officers,directors,employees,agents, subcontractors and suppliers arising out of SUBRECIPIENT's,performance of this Agreement. X INSURANCE 1. Commercial General Liability. SUBRECW)1EN F agrees to obtain and keep in force during the term of this Agreement a policy of comprehensive commercial public liability insurance insuring the CITY, and". RECIPIWF 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 liability insurance shall be-endorsed to provide to CITY at least thirtty(30) days written notice prior to'cancellation; name CITY, its officers,agents, employees, and volunteers, additional uisured; and state that such coverage is primary to any other coverage or self insurance and CITY. Governmental entities may provide proof of self-insurance, (a) Such insurance shall: (1) name the City of Santa Ana, its.officers, agents, representatives, employees and volunteers as additional insured's; (2) be primary with .respect to insurance or scif-insum,cc programs maintained by the CITY; (3) contain standard separation of -insured's provisions;'atid (4) give to CITY prompt -and timely notice of claim.-made or suit .bRtit4tod -arising out of SUBRECIPIENC's opbrat ons}xoereunder. (b) SUBRECIPIENT, shall: (1) prior.'to -exercising any. -right widdr- this .Agreement, furnish properly exeouted'certifrratds-of insurance-and.additional insured ondorserrment.to.the CITY which shall clearly evidence a.1l-boV&ages required above; (2).provide that such insurance shall-not- be materially changed or terminated except on 30 days prior written notice'to the,CITY; (3)maintain such insurance for the,period covered by this Agreement; and(4)replace such certificates for policies expiring prior to the expiration of this Agreement 11 2, Automobile Liability Coverage. SUBRECIPIENT 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 SUBRECIPIENT employees or participants in performance of,this Agreement, or, in-the event that SUBRECIPIENT will not utilize such owned/leased automobiles but intends to require employees, participants or other agents to utilize their own automobiles in the performance of this-Agreement, SUBRECIPIENT shall secure and maintain on file from all such•employees,.participants, or agents as self-certification of automobile insurance coverage. Governmental entities,may provide proof of-self- insurance. 3. Workers'Com ensation. If SUBRECIPIENT is an"employer',.as set forth in California Labor Code Section 3300 et seq.,.or utilizes participants as "employees,"as set forth in-California Labor• Code Section. 3350 et seq., SUBRECIPIENT shall obtain and keep. in force during the term of-this 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. 4; E ment Covera e, SUBRECIPIENT shall purchase a policy or policies of insurance ui covering loss or damage to any and all Equipment provided to•.or purchased by-SUBRECIPMN'T 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. 5, Proof of Insurance. Certificates mad endorsements must be submitted and approved by CITY prior to any work under this Agreement. SUBRECIPIENT understands that CITY will make no payments under this Agreement until the required certificates and endorsdxmi ants-have been approved by My. X1. REVERSION OF ASSETS A, Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CXIY 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)(7)] B. Any real property under SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds in excess of$25,000.00,must either be; 1. Used, where CITY .has given written approval, to meet one of the national objectives stated in 24 CFR-570.208 until five(5)years after expiration of this Agreement,or for such longer period of time as determined to be appropriato by CITY; or .2 If not used in,accordance with subparagraph .. „ ' . . 1 aboovv e,SUBRECIPIENT shall pay to . .. CITY an amount equal to the current fair market value of the property less any portion of tho value attributable to the expenditure of non-CDBGfunds for acquisition_of, or-improvemo nt to,the property: Such payment is program income to CITY, C. Subject to the obligations set forth herein, title to equipment.acquired:under the terms .of this.: Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which'has been acquired it accordance with this Agreement and all applicable regulations is no longer needed for said program, disposition of said equipment will be made as follows: 12 1. Items of equipment with a current per Lunt fair market value of less than$5,000•,00 may be retained,sold or othorwise disposed of with no further obligation to CITY. 2. Items of equipment with a current fair market peer unit value of$5,000.00 or more may be retained or sold and CITY shall have the right to an amount calbulated by multiplying the current market value or proceeds from the-sale by CITY's share of federal funds used to acquire.the equipment, in accordance with 2'CFR 200.313(c)(2). D. SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and deliver, or cause any person or entity who may have 4ty 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, docurnonta.and agreements as may be necessary, in the,sole and absolute discretion of CITY,to vest in CITY all of SUBRBCIPB3N'I!s right,title and intorest(if any it may have)in and to CITY,.CDBG or other federal;state and/or local accounts-or program funds or allocation of funds to which CITY is or may be entitled,either for its own account or as fiduciary or trustee for others,which were obtained for the purpose of the performance of this Agreement or any previous agreements -relating to the same subject matter or activities as this Agreement,together with any instruments,loans,grants or advances by SUBRI3CIPIENT on behalf of CITY,in fiirtheiauce of the activities hereunder or thereof.` SUBRECIP 73NT's obligations and responsibilities set forth•in this paragraph"XI.REVERSION OF ASSETS." and in paragraph "XII,TERMINATION and other requirements pertaining to program income shall not be affected by the termination of this Agreement and shall survive the date of termination of this Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and obligations to be performed and completed to the satisfaction of CITY and HUD. XII. TERMINA710N A. This Agrecinent may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date oftermination. B. This Agreement may be suspended-or terminated by CITY upon five(5)days'written notice for violation by SUBREMENT of Federal Laws governing the use of Community Development Block Grant Funds. In the event- of such.suspension or termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing;to fulfrll all or any of its obligations hereunder, CITY may declare a default and termination•of this Agreement by written notice to SUBRECIPIENT,which default and termination shall-be effective on a date stated in the notice.which is to be-not less than ten(10) days after certified mailing or personal service of-such notice,LUnless•succh default is cured before the effective date-of-tennination stated in such notice. If terminated fbt.cause;CITY steal-l-be relieved of further liability or responsibility under this Agreement; oir as a result of the Ionnination-thereof; inchuding the payment of money, except for payment for approved expenses incurred-for. services satisfactorily mid-timely performed prior to the mailing or service of the npacb of termination,and except for reimbunement of (1)any payments made for services riot subsegaohtly:.perft rtded,.in`z :tfirndly--•and satisfactory manner,and(2):eostsincurred by-CITY in obtaining substitute performance= -.. .. .- D. The grant of funds under this Agreement may be terminated for convenience by either the CITY or SUBRECIIHENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to b terminated, however., if in the case of a partial 13 termination,the C11 Y determines that the remaining portion of the award will-not accomplish the purpose for with the award was made,the CITY may terminate the award in its entirety, E. The grant of funds under this Agreement.may be, terminated due to the non-performance of SUBRECIPMNT and/or failure of SUBRECIPENT to perform the work described in Exhibits.A.and B or failure to meet-the performance-standards and program goals set forth therein. F. In the event this Agreement is terminated as set forth in subparagraphs XU,A. through XII.E., inclusive, SUBRECIPIENT agrees to-immediately return to CITY-upon CITY's demand and prior to any adjudication of SUBRECIPII?NT's rights, any and all fuxids not used, and to comply with paragraph "'XI. REVERSION OF ASSETS of this Agreement. )UM LDMAUON OF I+UNI>;S 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 fthis 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 ors as to.casts category, may limit the rate of SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRBCIPIENT'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 implemwting and effecting such-a reduction and in xevising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall-be permitted to de-scope accordingly. Where CITY -has reasonable grounds to question SUBRECIPIENT's•.. fiscal accountability,fintaneial soundness, or compliance with this Agreement,CITY may suspend the operation of this Agreement'forup to sixty(60)days upon five(S)days written notice to SUBRECIPIENT of it$intention to so act,pending an audit or other resolution of such questions. In no event,however, shall any revisions made by CITY-affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such-revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines. XIV. EXCLUSIVITY MD.AMENDMENT OF AGRE EME,NT This Agreement supersedes any and all other agreements, either oaral 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. representations, inducements, promises or agreements Each party to this Agreement•acknowledges that no , orally or otherwise, have been made by any party, or anyone actin; on behalf of any party, which.are.not embodied herein, and that rio other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT. XV., LAWS GOVE,RNING THIS AGRE EMENT This Agreement shall-be-governed by and construed.in ac ordance with the laws of the State of California,and all applicable federal laws and-reta`lations, .XVL CLOSE-OUT The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR.§200.343, including the following: 14 1. SUBRECIPIENT inust submit, no later than ninety.(90) calendar days after the end date.of the period of performance, all financial,performance, and other reports as required by the terms and,conditions of the Federal award; 2. Unless the CITY• authorizes an extension, STJBRECIPIENT must''liquidate•all obligations incurred under° the Federal award not later than ninety (90).calendar days after the end date of the period of performance as specified in the terms and conditions of the Federal 3, SUBRECIPIENT must Promptly refund any•balonces .of.unobliggted cash'that the' CITY•paid in advance or paid and that is not.authorized'to be retained by'SL1BRECIFItNT for , use in other projeots(Scc (FMB Circular A-12.9 and 2 CFR §200.345); 4'. SUB.RECIFIENT must account for any real and personal propeity acquired with Federal funds or received from the Federal goverrirnent in accordance with 2 CAR §§200.310M - 200.316 and 200.329; and, . 5. The CITY should complete all closeout actions for the Federal award:no later:than one year after receipt and acceptance of all required Final reports. X.VH. VA.L]IDM AND SE W,R"ILITY The invalidity in whole or in part of any provision of this Agreement shall•not voW or affect the validity of any other provision of this Agreement. Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law,.but if any provision of this AGREEMENT is -held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity,without invalidating the remainder of such provisions of this AGREEMENT. XVIII. WAVER No delay or omission by either party hereto to exercise.any right or power accruing upoza any noncompliance or default by the other party with respect to any of the terms 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 performed 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. XIX. MISCELLANEOCIS_ NOVISIONS'- a. Each undersigned represents:and warrants that its signature herein below has the power-,..authority and right to bind their respective parties.to each of the terms of this.Agreement,and shall indemnify CITY fitlly,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 witladravwm, b.'All Exhibits and Attachments xefewneed herein and ttaohed her # ,shall be incorporat a.es if . . .. . fully set forth in the body of this Agreement. (Signatures on following page) i5 A-2022-092-26 IN WITNESS WHEREOF. the parties hereto ha\e executed this Agreement a., of the last elate and \car ritten helo%% 04AATTEST: CITY OF SANTA ANA DAISY 60 7_ KRISTINE RIDGE Clerk of the Council C its Manager APPROVED AS TO FORM: SONIA R.C'ARVALHO City fit e\ BN: R ', N O. IOnGF. Assism City ttornex RECOMINIENDED FOR APPROVAL: SUBRECIPIENT: STE:VEN MENDOZA Nabil Saba Assistant City Manager Executive Director Tax ID:9-5-600078i Unique Entit\ ID ; KZE9G2M4GR\L) 16 • k 1 'TI2X MOMS FOR CKR .tip.+' CATlO 1, By slguing and submittimg this proposal, the prospective reoipient of federal assistance funds is providing the certlf.oation as set out below, 2. The aer(itloatlaai in this clause is'a material representation of fact upon which reliance was placed when.this transaction, was entered into. Nit is later determined that the prospective reolpiorxt of federal assistance fiWAnowingly rendered an erroneous certlfication,irr addition to.other remedies available to the federalGovermnrmt, the Depart' ent of Labor (1)0) ) nky pursue available remedies,including suspension and/or debarment, 3; The prospective recipient of federal assistance funds shall provide iinm4ate written notice to the person to which-this proposal is sub witted if.at any time the prospective reeipi.'eait of federal wsisfEmw fiends learns that its cer'tifteWo#was erroneous whoa subndtted or has become erroneous by reason of changed o1rolunstancoo" 4. The terms "covered lransaotiarr," "debarred," "auspended,,' ""iraoli&le," "lower tier covered. transaction," 'ipant,"" "poison," "primary covered transaction," "prinaipal,u '"proposal," and "Voluntarily excluded," as used irr Us clause, have the meanings set out in the DefrrritIolls nand CoMge sections of rules implementing Executive Order 1254%, ,You rnaay contact the person to . which,this proposal is submitted for assistance it obtaining a copy of those mgaYlations, S. The prospeatavo recipient of federal assistance funds agrees by submitting this proposal that, should the proposod covered transaction be entered into, it shall not lmowir$ly enter into any lower tier covered transaction with a person wlro 'is debarred, suspended, declared ineligible, or voluntarily oxcluded from pard0patiorr in this covered transaction,unless authorized by the,DOL. 6. Tho pwospecstive recipient of federM aissistanec funds£urthor agroas by submitaug this proposal that it will irtalude the clause titled "Certificaatlon Regarding Debarment, Suspension, h1oligibility and voluntary oxclusioo -• Lower 'Pier Covered Traaasaotions," without modiiicataon, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, 7, A part oipatnt in a covered transaction may rely upon a oettaifrcat ion of a prospective participant in It lower tier covered transaction that it is not debarred,suspended, ineligible„ or voluntarily excluded f nm the covered transaction, unless it 1£nows that the co rtiflcatlor is erroneous. A participant may decide tlrc method and Requeney by which it detormincs the eligibility of its 1)AAGipals, Each participant may, but is not recpaired to chock the List of Rados Excluded.,from Pracurenient ot•Non Procurement 1'r s, &. Nothing contained in Elie foregoing shall be construed to require establishment of a system of records in ardor to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exomd that which is normally possessed by a prcdent person in the ordiaxary course of business dealings. 9. -Except for transactions Mliorized under paragraph 5 of these instrractions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded p'orrr participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available -remedies,ha.cluding suspension and/or debarment. WIBIT C Page 2 of 2 r Certification Regarding Lobbying CorCification foc..C(intracts , 'wits LWna , aril Cn�n z'.a#i re erxi�r►tis Tine undeftignod ceififies, to fho best of his of her l6owledge' and belidf, that: (1) 'No-Fed6ral appropiiated:£uiids have beeix l,)aid.or wi.il be paid,by oT.on bobalf-oi'the wders;igiied,to-ony person'fQr iii Itietle'Ing'or atte iiitiAig do iiifizieiace an.officer or � aiiili 4ee of any agoncy, a-Merdber.of�.oxxgress, n�cgr,ox•eixipl�yee of Congm. 8,or. a>?i eiiilaloyce of n,Nlembor of Congress-in conneetlon with the awarding of-any FedcrA otinti�act,.phi;i r king £�iiiy a�adpoi ive ngi'eei'vnt, And the e ter►sii>ti.,cozy#iituat o , I renewal,aineridiner t, or i�odificatiou vrf any Fodol*coiitaet, gram;loan or cooperative ' C agt;eeitzent. . - E (2) if'any fittids Ertl-ek tWn Foderal a"ropr.iated funds,have been pail or w 111 N.paid-to auylreisaii. 'c r inklii xiGlzig fir lt�z iitiri t iflitnri�Go'hii.of r 1�iai e PlQyec of iy ` agenoy,al einber'ci `.Congrea ,..aii o cei r emp oy�i o Ct iigzess, i' n emiiloyee o.f-4 Member.or Covess-ii,caiiiiedtiozi.rv16 fli s Federal wnhabj,g0ut,loan; or cooperative agropmeiit,�lto;�trit�lers gnbd 6h'all complote ana gubi�t,$taAdl i:d7FtizM-LI.,I,, 'Plsclo,wu 'Foitiri to Report L,obbying,,r iri.ricGnr�lance..rvith itr�-instructions. - (3) The u ad ittgged shall mgaireti4at thgJ4gggagq o�ij is cer0l.eat on be'iawMeA.In tlic -avrrii-1 dcie kAn nts fa all AabawiiA nt sll'tier� (hieluding'subcontract,subgrants,acid co.tlL AW VAdot Wants,l08ria,.anc . oop� at yt!Qreeixignts).Ond fiat fill stibr:c4 tents shall aeilify acid disclose:aocordingly, This 9PNI catloxi is'q vat xial:r ii enter cin O tact tipmn vvlixclx MI NWO W plaee� *hen#leis tir atisaction was.m.a€le.or entored..iiito. Submission of"'tlxis ceftif,cadlon is a prerequ te-form liig or_etitgxj4g'j.nvQ jWgtiauggctioii impos l.by9botivn fiM2,DMQ .S.Code. .A.ny,porsoii whv t'aits to rile the rqqu eil�ertifia7tioii slz��l be strbJect o: rt,ejVjl peiii}lty o�aiot less tliati'$10,006 and tot inbri;than=0,OU0-for each such i'nllLao. C!#y of Santa, lla Publia, Woilcs ALcny GxanleolCantactur Organ zatloxi Niibil Saba ,:t � . , f � )Zo�w Name of Certifying Mer 'Sig,nature Date EXT BIT D Page-1 0f°2 SU13RECTPMNT warrants the following; 1. SUBR.ECIPIENT will 001aaply with Public Law 88-352,Title VI of the Civil Rights Act of 1964(4-2 U. S. C. section 2000 et seq.) and implementing regulation.in 24 CYR hart 1. 2. No persori in the United States shall on the ground of race,colpr,religion,national origin, or sex,be excluded from partioipation in, or bo denied the benefits of;or be subjected to discrimination,-tinder any program or notivity Raided in,wlwlo-or in part with community development Rinds.made available pursuant to the ACT, 3. All laborors and medbanias, employed by contractors or subco�trwtoxs hi tlja performance of oonstructior,work financed in whole or In part with community- development Rinds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davls-Bacon Aot,as amended,40 U. S.C, Sections 276 a 1-5,except for individuals who perform services for which they voluntowed; do not receive componsatlon for such services; or are Maid expenses,reasonable beneft,or a nominal foo for such saivices; and aro not otherwise omployed at any time in construction work, . 4. SUBREC PIPM will comply with all Federal statutes applicable to projects funded with community doVelopmeia hinds, except that(a)SUBRECIPIENT does not asswuo CITY',S envirownen.tal responsibilities described at 24 CPR 570,604; and(b) SUI3RHOPIENT does not assume CITY''S responsibility for initiating the reviow process under Exce a vo Order 12372. EXHIBIT D Page 2 of 2 Certification Regarding Drug-Free Workplace &guiremaats 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 determiried 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 oiher remedies available to the Federal Government, miay take action authorized under the Drug-Free Workplace Act, ERTIFICAT- ION A, The conka.otot certifies that It will provide a drug free workplace by: (a) ` Publishing a statement notifying employees that the unlawful manufacture, distribution,'dispensing, possession or use of a controlled substance is prohibited In-the contractor's workplace and specifying the actions that will be takon against employees for violation of such prohibition; (b) Establishing a drug-free awareness program to inform employees about— (1) The dangers of'drud abuse in the workplace; (2). The contractor's policy of maintalning a drug-free workplace; (3) Any available drug counseling, rehabilitation,and employos' assistance program; and (4) The penalties that may be impooed upon employees for drug abuse violations occurring In the workplace; (c) Making It a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a), (d) Notifying the employee in the statement required by paragraph-(a)that, as a condition of employment under the contract, the employee will - (1) Abide by the terms of the statement; and (2) Notify the employer of any criminal drug statute conviction for a violation occurring In the workplace no later than five days after such conviction. (e) Notifying the U,S. department of Housing and Urban Development within tern days after receiving notice under subparagraph (d)(2)from an employee or otherwise receiving actual notice of such conviction; EXHIBIT E Page I of 3 (f) Taking one of the following nations, within 30 days of receiving notice under subparagraph-(d)(2), with respect to any employee who Is so convicted - ( �) Taking appropriate personnel action against such an employee, up to and including termination; or (2) Requlri_ng such emplgyoe to particlpate satisfactorily in a drug abuse, jig rehabilitation' program approved for such purposes by a F(ideral, State, or,local health, law enforcement, or 'O.ther appropriate'agency; (g) Making a good faith effort'ta continue'to maintain a drug free workplace through Implementation of paragraphs(a), (b), (c), (d), (e) end (f). B. The contractor shah insert in the space provided on the attached "Place of, Performance"form toe sites)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 small 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. Orgy zatic� f . . 'Saex Authorized Signature bate 15XHISIT E Page 2 of 3 PLACE OF PERFORMANCE FOR. CERTIFICATION REGARDING DRUG-FREE WORKPLACE REQUIREMENTS Name: Nabil. Saba Date: 2/14/22 The Contractor shall insert In the'space provided below the sites) expected to be' used for the performance of wank under the contract covered by the certification: Diane of performance (Include street address, city, county, state,Ap avde for each alto): 20 Civic Center Plaza. Santa Ana,CA 92701 EXH1131T E Page 3 of 3 AC" CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDDIYYYY) �� 11/01/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT, If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Certificate Department Assured Partners of California-Santa Ana (949)261-5335 APAO o F ' -1911N Ext: ,No (949)261 2913 Pullman Street E-MAIL certificates.nb@assuredpartners.com ADDRESS: Lic#OM07762 INSURER(S)AFFORDING COVERAGE NAIC# Santa Ana CA 92705 INSURERA: Middlesex Insurance Company 23434 INSURED INSURER B: Starstone National Insurance Company 25496 PCN3,Inc. INSURER C: CM Vantage Specialty Insurance Company 15872 11082 Winner Circle#B INSURER D: INSURER E: Los Alamitos CA 90720 INSURER F: COVERAGES CERTIFICATE NUMBER: 24-25 GL,BA,UMB,WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDDNYYY) (MM/DDfYYYYI LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE 8 RENTED CLAIMS-MADE XOCCUR PREMISES Ea occurrence $ 500,000 MED EXP(Anyone person) $ 5,000 A Y Y A0144715001 01/13/2024 01/13/2025 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 3,000,000 PRO LOC PRODUCTS F 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT g 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) S A OWNED SCHEDULED Y Y A0144715003 01/13/2024 01/13/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per... $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 5,000,000 A EXCESS LIAB CLAIMS-MADE A0144715002 01/13/2024 01/13/2025 AGGREGATE $ 5,000,000 DED I I RETENTION$ S WORKERS COMPENSATION /� SPER TATUTE EORH AND EMPLOYERS'LIABILITY Y/N B ANY PROPRIETORIPARTNER/EXECUTIVE NIA Y T10240890 04l01l2024 04/0112025 E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEM13ER EXCLUDED? Eyl(Mandatory in NH) EL DISEASE-EA EMPLOYEE $ 1,000,000 It yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Excess Liability Each Occurrence $5,000,000 C Per Occurrence CMVEXL004516101 01/13/2024 01/13/2025 Aggregate $5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 1.1,Additional Remarks Schedule,may be attached if more space Is required) ***Please see attached for additional coverages.`** RE:Renovation of Newhope Library(122 N Newhope St,Santa Ana,CA 92703)and Delhi Library(505 E Central Ave,Santa Ana,CA 92707) City of Santa Ana,its City Council,officers,officials,employees,agents,and volunteers are named as Additional Insured on the GL per CG2037.0413 and CG2010.0413,Waiver of Subrogation per CG2404.0509,Primary Non Contributory per CG2001.0413.Automobile Additional Insured with Primary Non Contrubutory per CA7601.0615.Auto Waiver of Subrogation per CA0444.1013.Workers Compensation Waiver of Subrogation per WC040306.0484. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 ACORD 25(2016103) The ACORD name and logo are registered mAPPROVED By Cynthia Mora at 2:01 pm, Nov 05, 202, EXHIBIT NO. 2 ,• . State of California-Department of Fish and Wildlife 2024 ENVIRONMENTAL DOCUMENT FILING FEE CASH RECEIPT DFW 753.5a(REV.01/01/23)Previously DFG 753.5a =- ,,rinf.• 5tartOver Save < RECEIPT NUMBER: 30— 08/26/2024 — 0722 STATE CLEARINGHOUSE NUMBER(ffapplicable) SEE INSTRUCTIONS ON REVERSE. TYPE OR PRINTCLEARLY, LEADAGENCY LEADAGENCY EMAIL DATE CITY OF SANTA ANA 08/26/2024 COUNTY[KATE AGENCY OF FILING DOCUMENT NUMBER Orange r= 202485000732 PROJECT TITLE I I NEWHOPE AND DELHI LIBRARY IMPROVEMENTS PROJECT APPLICANT NAME PROJECT APPLICANT EMAIL PHONE NUMBER CITY OF SANTA ANA,PUBLIC WORKS AGENCY (714 )647-5624 PROJECT APPLICANT ADDRESS CITY STATE ZIP CODE `. 20 CIVIC CENTER PLAZA(M-36) SANTA ANA GA. 92702 i PROJECT APPLICANT (Check appropriate box) [21 Local Public Agency ❑School District []Other Special District slate Agency Q Private Entity j CHECK APPLICABLE FEES: El Environmental Impact Report(EIR) $4,051.25 $ 0.00 ❑ Mitigated/Negative Declaration(MND)(ND) $2.916.75 $ 0.00 ❑ Certified Regulatory Program(CRP)document-payment due directly to CDFW $1,377.25 $ 0.00 F) Exempt from fee © Notice of Exemption(attach) ❑ CDFW No Effect Determination(attach) ❑ Fee previously paid(attach previously issued cash receipt copy) ❑ Water Right Application or Petition Fee(State Water Resources Control Board only) $850.00 $ 0.00 ❑ County documentary handling fee $ Q Other $ PAYMENT METHOD: ❑ Cash ❑ Credit El Check ❑ Other TOTAL RECEIVED $ 0.00 SIGNATURE AGENCY OF FILING PRINTED NAME AND TITLE X - CARINA HERRERA, DEPUTY I i i DFW753.5a(Rov.07ro1/2Q23y ORIGINAL-PROJECT APPLICANT COPY-CDFWlAS6 COPY•LEAD AGENCY COPY-COUNTY CLERK I 1 i Rec�rdeinfficial Records, Orange Goun Hu h Ngu err, Clerk-Recorder I IIIlll111i1 ll�ll111111111111111111� 1111111111111111111111111 ° FEE i R 0 0 1 5 1 8 8 6 $ ORANGE COUNTY 202485000732 3.49 pm 08/26124 CLERK-RECORDER 477 Vitlndx Z01 CEOA FILING COVER SHEET 0.00 60.00 0.00 0.00 0.00 0.00 0.00 0.00 Complete and attach this farm to each CI CA Notice mod with the County Clark-Recorder TYPE OR PRINT Cr_PARLY Prolect Tltte NEWHOPE AND DELHI LIBRARY IMPROVEMENTS Check Document being Filed: 0 Environmental Impact Report(EIR) 0 Mitigated Negative Declaration(MND)or Negative Declaration (ND) Notice of Exempfion(NOE) 0 Other(Please fill in type): FILED AUG 2 6 2024 i ORANGE couNTY ci.ERK-RECORI}ER DEPARTMENT BY. DEPUTY FILED IN THE OFFICE OF THE ORANGE COUNTY CLERK-RECORDER ON^"a"B M202a Posted for 30 days DEPUTY CARINA HERRERA Filing face are due at the time a Notice of DeterminatlonlExemption Is filed with our offlce.For more Information on filing fees and No Effect neterminatlons,Please refer to California Code of Regulatione,Title 14,section 753.E. i i MAYOR INTERIM CITY MANAGER Valerie Amezcua ' s.,*; Alvaro Nuflez MAYOR PRO TEM :� Ia CITY ATTORNEY Thal Viet Phan t; Sonia R.Carvalho COUNCILMEMBERS I CLERK OF THE COUNCIL Phil Bacerra � Jennifer L.Hall Johnathan Ryan Hernandez Jessie Lopez David Panatoza Benjamin Vazquez PUBLIC WORKS AGENCY 20 Civic Center Plaza(M-M) P.O.BOX 1988.Santa Ana,Califarnia 92702 (714)647-6690-Fax(714)647-6823 www.santa-ana.arg NOTICE OF EXEMPTION From the Requirements of the California Environmental Quality Act(CEQA) Fee Exemption per California Government Code Section 6103 w. To: COUNTY CLERK From: City of Santa Ana County of Orange Public,Works Agency P.O. Sox 238 20 Civic Center•Plaza(M-36) Santa Ana,CA 92702 Santa Ana, CA 92702 Project Title: Newhope and Delhi Library improvements Project Number(s): 22.1802 and 22-1382 Project Location: 122 N Newhope St,Santa Ana,CA 92703&505 E Central Ave,Santa Ana, CA 92 City: Santa Ana County: Orange ER Number: ER-2024-82 Date of Approval: 08/22/2024 Project Description: The construction will include facility renovations. k i Applicant Name: City of Santa Ana, Public Works Agency Applicant Address: 20 Civic Center Plaza M-36 Santa Ana,CA 92702 Name of Public Agency Approving Project: City Council Name of Agency Carrying Out Project: Public Works Agency FILED Exempt Status: ❑ Ministerial(Sec. 15268) AUG 2 6 2024 ❑ Declared Emergency(Sec. 16269(a)) ❑ Emergency Project(Sec. 15269(b through a)) ORANGE COUNTY CLERK-�RECOORDER DEPARTMENT ❑ General Rule(Sec. 15061(b)(3)1(5)) BY. L, t 1 DEPUTY 0 Statutory Exemption: m Categorical Exemption: 15301(b) Roason(s)Why Project is Exempt From CEQA: 15301 (b)consists of repair/maintenance of existing public facilitites. City Contact: Michael Ortlz Title; Principal Civil Engineer Telephone: (7f14)647-5624 Signature: Date: SANTA ANA CITY COUNCIL Valerie Amsmua Thai Viet Phan Jessie Lopez Benjamin Vazquez PHI Bacerra Johnalhan Ryan Hamandaz David Ponaloza Mayor Mayor Pro Tom,Ward 1 Ward 3 Ward 2 Ward a Ward 6 Ward 6 emazrun(&santa ene,nM tohan(a same ana om 'lasslelnoez/dlennte-enavra tyvffgiR¢a@santq,ana.om pbacerraLMs§nta-ana.oro laW"hemandt+zQsgnta-ana.ora_ daenalozaAsanta-anaarg m O 2 . � ■ � \\\\ \ Q) CC, \)\ / . . w y /6 Z- 1- w � ƒ/ ) LL � o \ , , , . . . . . . . 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