HomeMy WebLinkAboutCITY OF SANTA ANA POLICE DEPARTMENT-2016INSURANCE NOT REQUIRED
WORK 1AM PROCErD
CLERK {)r COUNM
DAN- V) J) IV
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MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA
AND THE SANTA ANA POLICE DEPAR'T'MENT FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
A-2016-059-14
This Memorandum of Understanding is hereby made and entered into this 1st day of July, 2016, by
and between the City of Santa Ana, a charter city and municipal corporation organized and existing uncia
the Constitution and laws of the State of California ("CITY'), and the Santa Ana Police Department of the
City, ("SUBRECIPIENT").
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 -16 -MC -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 BEGS").
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 43.383, as amended ("ACC").
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", SUBRECIPIFNT represents that it
is qualified and willing to operate said program and certifies that the activities carried out with funds provided
ander this Agreement will meet one or more of the CDBG program's National Objectives (24 CPR 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;
IN
A• Representations and Warranties.
(a) Authority. SUBRECIPIENT is in good standing and authorized to do business under the
laws of the State of California. SUBRECIPIENI' has full right, power and lawful authority to accept the
funding hereunder and to undertake all obligations as provided hercin and the execution, performance and
delivery of this Agreement by SUBRECIPl'ENT has been fully authorized by all requisite actions on the
pmt of SUBRECIPIENT.
(b) Experience. SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
(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 has 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 Conflict. 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. SUBRECIPIrNT is not the subject of any current or threatened bankruptcy
proceeding.
(0 No Pending Legal Proceedings. SUBRECIPIENT is not die 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 finding submitted to CITY including any exhibits are true and correct in all material
respects.
(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the subject of any current
or threatened criminal or civil notion 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/Term and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $196,745 ("CDBG FUNDS"), for the term of July 1, 2016 through June 30, 2017,
Such finds shall be expended by SUBRECIPIENT on or before June 30, 2017. The Tern 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 SUBRIiCIPIENT 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 hereinafter more fully
set forth. SUBRECIPIENT shall be obligated to perform such duties as would normally extend beyond
the term, including, but not limited to, obligations with respect to indemnification, audits, reporting,
data retention/reporting, and accounting. 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 return the entire
reimbursement package to SUBRECIPIF,NT, 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 fiscal monitoring indicates
that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program year,
Amendments in the grant allocation will be made atter consultation with SUBRECIPIENT.
C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to
SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit A," attached
hereto and by this reference incorporated herein. SUBRECIPIENT'S failure to perforin as required may, in
addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is
otherwise obligated to pay to SUBRECIPIENT hereunder.
D, Towable Costs. SUBRECIPIENT agrees to complete said program on or before June 30,
2017, and to use said funds to pay for necessary and reasonable costs allowable under the federal law and
regulations to operate said program, Said amounts shall include, but not be limited to, wages, administrative
costs, and employee benefits comparable to other similarly situated employees, and indirect costs. Other
allowable program costs are detailed in the budget, as set forth in "Exhibit B," attached hereto and by this
reference incorporated herein. SUI31WCIPMNT shall use all income received from said funds only for the
same purposes for which said Rinds may be expended pursuant to the terms and conditions of this
Agreement. SUBRECIPIENT has the ability to adjust Pane item amounts in the budget with the written
approval of the CI'PY's Executive Director of the Community Development 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 SUBRECIPIENT and the
Federal government, or, if no such rate exists, the de minimis 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 7.2% will apply.
E. I.icensirre. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT
shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and
inspections from all agencies governing SUBRECIPIINT's operations hereunder. Such licensing
requirements include obtaining a City business license, as applicable.
F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRF,CIPIENT
fail to have the required land entitlement and/or permits, thus violating any local, state or federal rides and
regulations relating thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance
with local, state or federal rules and regulations following written notification of said violation(s) frm the
CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of tiny pending
violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in
termination of grant fitnding hereto der. SUBRECIPIENT must matte all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure
to gain compliance within such time shall result in termination of grant finding hereunder.
G. Separationof Accounts. All funds received by SUBRECIPIENT from CITY pursuant to flus
Agreement shall be maintained in an account in a federally insured banking or savings and loan institution
with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements.
SUBRFCIPIENT 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.
II. Audit Report Requirements. SUBRF,CIPIENT agrees that if SUBRECIPIENT expends
Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal Rinds, SUBRECIPIENT shall have an
annual audit conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CIPY
with a copy of said audit by April 1 of the year following the program year in which this Agreement is
executed.
1. Record ICecpine/Reportine. SUBRECIPIENT shall keep and maintain complete and
adequate records and reports on program participants to determine their initial and continuing eligibility for
the program services being provided to assist CITY in meeting and maintaining its record keeping
responsibilities tinder the CDBG REQS, including the following:
(1) Records
a. Documentation evidencing program income requirements in conformity with 24 CFR
570.504(b((2)(i), (il) and 24 CFR 570.503(b)(3) and 24 CPR 570.208(a)(2)(B) of the income level
of persons and/or families participating in or benefiting by the SUBRECIPIENT 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 RBGS.
(2) Rep01'ts
a. Payment Request. Concurrently with the submittal of each quarterly report, on or before
the 15th day of October, January, April and July, SU13RECIPIENT 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 goods or services, timesheets,
payroll records, benefit statements, agreements, 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 Progress Report, SUBRECIPIENT agrees to keep records of all ethnic and
racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its
obligations tinder 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, now program information and year-to-date 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 return the entire reimbursement package to SUBRECIPIENT, until snot,
documentation and reporting has been received and approved by CITY.
J. Access to Records, CITY and the United States Government and their representatives or
auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIBNT's
activities and performance, to books, documents and papers, and the right to examine records of
SUBRECIPIENT's subcontractors, bookkeepers and accountants, employees and participants in regard to
4
said program. CITY and the United States Government and their representatives or auditors shall also
schedule onsite monitoring at their discretion. Monitoring activities may also include, but are not limited
to, questioning employees and participants in said program and entering any premises or any site in which
any of the services or activities funded hereunder is conducted or in which any of the records of
SUBRECIPIENT are kept. Nothing herein shall be construed to require access to any privileged or
confidential infortnation as set forth in federal or state law.
K. Location of Records/Regaired Length of Record Keening. 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 SUBRECIPIENT'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 tlris 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 claims, or
exceptions. In the event SUBRECIPIENT does not make the above -referenced documents available within
the city of Santa Ana, California, SUBRECIPIENT agrees to pay all necessary and reasonable expenses
incurred by CITY in conducting any audit at the location where said records and books of account are
maintained.
L. Compliance with Law Proeram income. SUBRECIPIENT acknowledges that the fiords
being provided by CITY for said program are received by CITY pursuant to the ACTas 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 CTI'Y 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 conduct 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. SUBRECIPIENT must review and sign Exhibit C `Debarment', which is
attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing,
without suspension by the California Secretary of State, Franchise Tax Board and Internal Revenue Service.
Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to
CITY.
N. Confdentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it
concerning participants in accordance with the requirements of federal and state law. Ilowever,
SUBRBCIPIF,NT shall submit to CITY and or BUD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred
and services rendered hereunder.
O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is hr no way an agency of CITY,
P. Vi Cion of Terms and Conditiarns. SUBRECIPILWF agrees that if SUBRECIPIENT
violates any of the toms and conditions of this Agreement or any prior Agreement whereby CDBG Binds
were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a
disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing die
disallowance and repay CITY all amounts spent in violation thereof. If SUBRECIPTENT 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 fraudrdent circumstances.
Q. E,aufnment. 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 CI'T'Y
upon request. The term "non-expendable personal property" shall include leased and purchased equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use funds
provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.
S. Lobbviag, SUBRECIPIENT certifies that it will comply with federal law (31 U.S.C. 13 52)
and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the
recipient of a federal contract, brant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency, Member of Congress, or an officer or
employee of a Member of Congress in connection with awarding of any federal contract, the making of any
federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPTENT shall sign a
certification to that effect in a form as set forth in "Exhibit D," attached hereto and by this reference
incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any
of its obligations under this Agreement and prior to any obligation arising on the part of CITY to pay any
sums to SUBRECIPIBNT tinder the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a
"Disclosure Foran to Report Lobbying," in accordance with its instructions (Exhibit D).
SUBRBCIPIENp 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
subreeipients shall similarly certify and disclose accordingly.
T. Financial Interest. SUBRECIPIEN'1' agrees drat 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 teens of this Agreement, or who are in a
position to participate in a decision-making process or gain inside information with regard to such
activities, may obtain a financial interest or benefit from a CDBG-assisted activity of SUBRECIPTENT,
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 CI'T'Y, or of any designated public agency, or the SUBRECIPIENT.
U. Labor Standards The SUBRECIPTENT agrees to comply with the requirements of the
Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state slid local
laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this
Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C.
874 et seq.) and its implementing regulations of the U.S. Department of Labor at 29 CFR Part S. The
SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage
requirements of this part. Such documentation shall be made available to the CIfY 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 SUBRECIPIEN'I' of its obligation, if
any, to require payment of the higher 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 Housing and Urban Develgpinent 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 awarded to local businesses therein to the
greatest extent feasible as required tinder 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 futfilt these requirements shall subject the SUBRECIPIENT, its successors and designees, to those
sanctions specified by the Agreement through which federal assistance is provided. The SUBRECIMENT
certifies and agrees that no contractual or other disability exists which would prevent compliance with these
requirements. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part
by CDBG fiords shall provide equal employment opportunities for minorities and women.
W.Drug Free Wor_pl ]ace, SUBRECIPIENT agrees to provide a drug-free work place and to
execute a cortification as set forth in "Exhibit E" attached hereto and incorporated herein by this reference.
X. Uniform Administrative Requirements Cost Principles and Audit Requiroments for federal
Awards. The Bellowing requirements and standards must be complied with: 2 CFR Part 200 et at.
SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of
2 CFR 200.318-326.
Y. Subpart IC of 24 CFR 570. SUBRECIFIENT will carry out its activities in compliance with the
requirements of Subpart K of 24 CFR 570, however SUBRECIPICiNT does not assume the CITY's
environmental responsibilities or the responsibility for initiating the environmental review process under 24
CFR Part 52.
Z. Women- and Minority -Owned Bus...a..nesses /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 CPR 200.321 "Contracting with small and minority businesses, women's business
enterprises, and labor surplus area firms As used in this Agreement, tine tern "small business" means a
business that meets the clitoris set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C.
632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%)
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. SUBRECIPIENT may rely on written
representations by businesses regarding their status as minority and female business enterprises in lieu of
an independent investigation.
II. CITY'S OBLIGATIONS
A. Payment ofFunds. On July 1, 2016, the CITY was allocated $5,286,263 for fiscal year 2016-
2017 fi•om the United States Department of housing and Urban Development ("HUD") Community
Development Block Grant ("CDBG") Entitlement Program. CITY agrees to pay to SUBRECIPIENT when,
if and to the extent federal funds are received a sum not to exceed One hundred Ninety -Six Thousand Seven
hundred Forty -Five Dollars ($196,745) for SUBRBCIPIENT'S performance in accordance with the Budget
attached hereto as "Exhibit B" during the period of this Agreement. Payments shall be made to
SUBRECIPIENT through the submission of invoices/raimbursement requests.
CITY shall pity 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
provisions of this Agreement and that SUBRECIPIENT is in compliance with the terms and conditions of
this Agreement. Failure to provide any of the required documentation and reporting wilt cause CITY to
withhold all or a portion of a request for reimbursement, or return the entire reimbursement package to
SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY,
Documentation may include, but is not limited to true copies of invoices, receipts, canceled checks, bank
statements, credit card statements, procurement documentation for goods or services, timesheets, payroll
records, benefit statements, agreements, 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. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of the Code of
Federal Regulations and other applicable federal taws and regulations.
C. Corumon Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the clay -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 SUBRECIPIW17 against
goals and performance standarls required herein. The SUBRECIPIENT shall be responsible to
accomplish the levels of performance as set forth in Exhibit A and report such measures quarterly to the
CITY, If the SUBRECIPIENT estimates such goats will not be met, the SUBRECIPIENT is to contact
the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate.
Substandard performance as determined by the CITY will constitute non-eornpliance with this
Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as
stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting
inionrration has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its
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 atter being
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. NONNDISCI EMINATION
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 race, religion, sex, color or national origin. Such action shall include,
but not be limited 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
SUBRECIPIEN'r setting forth the provisions of this nondiscrimination clause.
B. SUBRECIPILWF agrees to comply with Title VI of the Civil Rights Act of 1964 which indicates
that no person shall, on the ground of race, color or national origin, be excluded from participation in, be
denied the benefits of', or be subject to, discrimination under any progratn of activity receiving federal
financial assistance,
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 otherwise be subject to discrimination in any activities, programs or employment supported by
this Agreement. SUBRECIPIENT 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. SUBRECIPIENT agrees to comply with the Age Discrimination Act of 1975 which requires that
during the performance of this Agreement, SUBRECIPIEN'r agrees not to discriminate against any employee
or applicant for employment because of age. Such action shall include, but not be limited to the following:
employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for
training, including apprenticeship. SUBRECIPIENr 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. SUBRECIPIENT agrees to comply with Section 504 of Una 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. CONFLICT OF INTLRFLST
Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200,112,
SUBRECipI ur 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 [lie subject CDBG FUNDS, shall
serve as so officer of SUBRECIPIENT. Further, any conflict or potential conflict of interest of any officer of
SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement and said writing
shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to
CITY regarding any changes or modifications to its board of directors and list of officers.
V. SPECIAL CERTIFICATION FOR RELICIOUS ENTITIES
If SUBRECIPIBNT is it religious entity, SUBRECIPIENT hereby agrees that in connection with the
provision of the services SUBRECIPIENI' shall provide with CDBG finds, in accordance with 24 CFR
570.2000):
A. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on
the basis of religion and shall not limit employment or give preference in employment to persons on the basis
of religion.
B. SUBRECIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT agrees to provide ruder the terms of this Agreement on the basis of religion and shall not
limit such services or give preference to applicants for such services on the basis of religion.
C, SUBRECIPIENT shalt NOT provide religious instruction or counseling, conduct any religious
worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision
of the services in said program. The parties agree that this covenant is intended to and shall be construed for
the limited purpose of assuring compliance with respect to the use of CITY finds by SUBRECIPIENT with
applicable constitutional limitations respecting the establishment of religion as set forth in the establishtent
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 pari under this
Agreement shall contain no sectarian or religions symbols.
E. Where the services to be provided under said program are rendered on property owned by the
primarily religious entity SUBRECIPIENT, CDBG fiords may also be used for minor repairs to such property
which are directly related to the cost of rendering the services under said program, where the cost constitutes
in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said
program.
VI. PROIIIBMON OF NEPOTISM
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded
through this Agreement if a member of that person's immediate family is employed in an administrative
capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse,
child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity"
means having selection, hiring, supervisor or management responsibilities.
VII. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage
prepaid, and addressed as follows:
TO Cny; City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
IO
TO SUBRECIPIFNT: Chief Carlos Rojas
60 Civic Center Plaza
Santa Ana, CA 92701
VIII. ASSIGNABILITY
None of the duties of, or work to be performed by, SU13RECIPIENT under this Agreement shall be
subcontracted or assigned to any agency; consultant, or person without the prior written consent of CITY.
SUBRECIPIFNT must submit all subcontracts and other agreements that relate to this Agreement to CITY.
No subcontract or assignment shall terrrinate or alter the legal obligations of SUBRECIPIFNT pursuant to
this Agreement.
1X. HOLD IIAi2MLESS
SUBRECIPIFNT shall indemnify, defend and save harmless CITY, its officers, employees, agents,
representatives and volunteers from and against any and all damages to or for loss of use of property and for
injuries to or death of any person or persons, including property and employees or agents of CITY, and sha11
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 SUBRECIPIFNT, its officers, directors, employees, agents, subcontractors and suppliers arising
out of SUBRECIPIFNT s performance of this Agreement.
X. INSURANCE
1. Commercial General Liability. SUBRECH HENT agrees to obtain and keep in force
during the tern of this Agreement a policy of comprehensive commercial public liability insurance
insuring the CITY, and SUBRECIPIFNT 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 thirty (30) days written notice prior to cancellation; name CITY, its officers, agents, employees, and
volunteers, additional insured; 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 insmed's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted
arising out of SUBRECIPIENT's operations hereunder.
(b) SUBRECIPIENT shall: (1) prior to exercising any right under this
Agreement, furnish properly executed certificates of insurance and additional insured endorsement to the
CITY which shall clearly evidence all coverages required above; (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. Automobil9 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. Govetramental entities may provide proof of self-
insurance.
3. Workers' Comuensation, 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 33.50 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. Enuinmont Goy rg age, SUBRECIPIENT shall purchase a policy or policies of insurance
covering loss or damage to any and all Equipment provided to or purchased by SUBRECIPIENT 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 and endorsements must be submitted and approved by
CITY prior to any work tinder this Agreement. SUBRECIPIENT understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY,
M. AVERSION OF ASSETS
A. Upon the expiration of this Agreement, SUBRECIPIENT shall transfer to CITY any CDBG
funds on hand at the time of the expiration of this Agreement as well as any accounts receivable attributable
to the use of CDBG funds. [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 GER 570.208 until five (5) years after expiration of this Agreement, or for such longe
period of time as determined to be appropriate by CICY; or
2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to
CITY an amount equal to the current fair market value of the property less any portion of dre value
attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such
payment is program income to CfrY.
C. Subject to the obligations set forth herein, title to equipment acquired under the terns of this
Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired
in accordance with this Agreement and all applicable regulations is no longer needed for said program,
disposition of said equipment will be made as follows:
12
1. Items of equipment with a current per unit fair market value of less than $.5,000,00
may be retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or more
may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current
market value or proceeds flour the sale by CITY's share of federal funds used to acquire the equipment, in
accordance with 2 CPR 200.313(e)(2).
D, SUBRECIPIENf hereby agrees, upon the demand of CITY, to execute, acknowledge and
deliver, or cause any person or entity who may have any claim to rights hereunder or under any document,
instrument or agreement executed in furtherance of the services and activities to be performed hereunder, to
execute, acknowledge and deliver, to CITY assignment(s), quit claim deed(s) or such other and further
instruments, documents and agreements as may be necessary, in the sole and absolute discretion of CITY, to
vest in CITY all of SUBRECIPIENT's right, title and interest (if any it may have) in and to CITY, CDBG or
other federal, state and/or local accounts or program funds or allocation of funds to which CITY is or may be
entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of
the performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on
behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT"s obligations and responsibilities set forth in this paragraph "XI. REVERSION OP
ASSETS." and in paragraph "XII. TBRMINATION" 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 C17FY and I -IUD.
XII. TPRMINATTON
A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the
event of such termination, SUBRECIPIENI' shall only be entitled to reimbursement for approved expenses
incurred to the effective date of termination.
B, This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for
violation by SUBRECIPIBNf 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 CPR 200.340, in the event SIIBRECIPIENT defaults by failing to fulfill all or any
of its obligations hereunder, CITY may declare a default and termination of this Agreement by written notice
to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to
be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is
cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be
relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof,
including the payment of money, except for payment for approved expenses incurred for services
satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for
reimbursement of (1) any payments made for services not subsequently performed in a timely and
satisfactory manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience by either the CITY
or SUBRECIPIEN'T, in whole or in part, by setting fortis 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 CITY 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 clue to the non-performance of
SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or
failure to meet the performance standards and program goals set forth therein.
F. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.E.,
inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any
adjudication of SUBRECIPIWr's rights, any and all funds not used, and to comply with paragraph "XI.
REVS SIGN OF ASSETS" of this Agreement.
XIII, LIMITATION OF FUNDS
The United States of America, through IIUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY
reserves die tight to revise this Agreement in order to take account of actions affecting HUD program
funding, In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget
of this Agreement as a whole oras to costs category, may limit the rate of SUBRECIPIENT's authority to
commit and spend finds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent
foods. Where MUD has directed or requested CITY to implement a reduction in funding, in whole or as to a
cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to
act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the
Agreement for such purposes. 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, financial soundness, or compliance with this Agreement, CITY may suspend the operation of
this Agreement for tip to sixty (60) days upon five (S) days written notice to SUBRECIPIENT of its intention
to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions
made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it
received notice of such revision, provided that such amounts have been committed in good faith and are
otherwise allowable and that such commitments are consistent with HUD cash withdrawal guidelines.
XIV. EXCLUSIVITY AND AIVIRNDIVIENT Ob' AGREEMPN r
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the use of CITY's CDBG funds by SUBRUCIPIENT and contains all the
covenants and agreements between the parties with respect to such employment in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in
writing and signed by both CITY and SUBRECIPIENT.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State of
California, and all applicable federal laws kind regulations.
XVI. CLOSE-OUT
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343,
including the following:
1.4
1. SUBRECIPIENT must 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, SUBRECIPIENT 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
award;
3. SUBRECIPIENT must promptly refund any balances of unobligated cash that the
CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for
use in other projects (See OMB Circular A-129 and 2 CFR §200.345);
4. SUBRECIPIENT must account for any real and personal property acquired with
Federal funds or received from the Federal government in accordance with 2 CFR §§200.310-
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.
XVII. VALIDIFY AND SEVPRABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or afi'eet 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. WAWEl2
No delay or omission by either party hereto to exercise any right or power accruing upon any
noncompliance or default by the other party with respect to any of the terms of this Agreement shall
impair any such tight 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, MISCELLANEOUS PROVISIONS
a. Each undersilmed represents and warrants that its signature herein below has the power, authority
and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify CITY
frilly, including reasonable costs and attorney's fees, for any injuries or damages to CITY in die event that
such authority or power is not, in fact, held by the signatory or is withdrawn.
Ib. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if
(idly set forth in Lite body of Phis Agreement.
(Sdgnatures on following page)
15
IN Wrl'NLSS WHEREOF, the parties hereto have executed this Agreement as of the last date and year
written below.
ATTEST:
MARIA D. HUIZAR
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
RECOMMENDED FOR APPROVAL:
ROI3SR'T C. COVJEL_.C� "
Deputy City Manager
16
CITY OF SANTA ANA
TGerardo Mouet,
Acting City Manager
SUBRECIPIENT:
Carlos Rojas
_.
Chief of Police
Santa Ana Police Department
Tax ID: 95-6000785
DUNS 9: 083153247
City of Santa Ana CDBG Scope of Work
Program Year 2016-17 (July 1, 2016 - June 30, 2017)
Name of Organization City of Santa Ana PD
Name of Funded Prograr Santa Ana Police Athletic & Activity League (SAPAAL)
Annual Accomplishment Goal
Undu floated Partici ants anticleaated to be served during the 1&month contract period.
2,500 TOTAL 2,500 Santa Ana Participants 100°!° 2,470 Low Income Participants 98°!
Program and Funding Description
The SAPAAL takes a three-step approach. The first is to provide a safe haven where
youths, 1st grade through high school (12th grade), can gather without the fear, of
gang violence or intimidation. The environment at the SAPAAL enables them to study,
complete homework, and work on school projects, Students have access to computers,
educational materials and supplies, and tutoring, The second step is providing
students the opportunity to participate in educational and recreational field trips
whish expand their knowledge, social, cultural, environmental, and civic awareness by
exposure to experiences they might not encounter due to their socio-eeonomic status.
Finally, the athletic and fitness programs coached by police officers teach youth the
importance of teamwork, sportsmanship, and self-discipline. This aspect of the program
builds the bonds of trust and communication between youth and law enforcement.
SAPAAL programming is implemented year-round. Students in the Afterschool Program
compete to participate in the Summer Program. Along with SAPAAL staff, officers, and
police Explorers, volunteer tutors are recruited from local universities (Chapman, UC
Irvine, Cal State Fuller L'on) and community colleges. SAPAAL programming is offered at
four locations (the SAPAAL Center and Jackson, Roosevelt, and King Elementary Schools)
and serves about 2,500 students from 14 elementary schools, 6 intermediate schools,
and 9 high schools. All programming and services are provided free of cost to the
children and their families.
Schedule of Performance
Unduplicated Estimated
Participants Invo[c[n
Quarter 1: JUL 1 - SEP 30A2500
$ 50,000
Quarter 2: OCT 1 - DEC 31 $ 50,000
Quarter 3: JAN 1 - MAR 31 $ 50,000
Quarter 4: APR 1 - JUN 30 $ 46,745
$ 196,745
Exhibit A
Page 1 of 1
Santa Ana CDBG Program Budget
Program Year 2016-2017
Organization Name City of Santa Ana PD
Program Name Santa Ana Police Athletic & Activity League (SAPAAL)
Exnendlturpn
Category
Expenses Funded
by Santa Ana
CDBG
Expenses Funded
b Other Sources
General Fund
Total
Total Program Organizational
Budget Bud et
Program Staff Salarios &
Benefits
$
183,531
$
115,452
$
298,983
Contractual/Profess Iona I
Services
$
6,000
$
6,000
OTHER:
$
Supplies
Total Funds for the Program
I $
321,216
$
Educational Trl�s
$
3,019
$
3,019
TOTAL DIRECT COSTS
$
183,531
$
124,471
$
308,002 $
7.20% INDIRECT COST RATE I
$
13,214
$
13 214
Total 1
$
196,745
LL.
124,471
$
321,216 $
Indirect cost rate: 7.26%
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 15-16
(Total Funds for Program must equal Total Program Budget above)
Source Amm i nt
Santa Ana CDBG
$
-196,745
General Fund
$
77,318
Knights of Pythlas
$
4 000
DOJ
$
43,153
Total Funds for the Program
I $
321,216
Exhibit B
Page 1 of 1
Program Year 2096.17
CDBG Funded Personnel
Name of Organization: City of Santa Ana PD
Name of Program Santa Ana Police Athletic 8c Activity League (SAPAAL)
NOT& Reimbursement will be based off of actual service and documented expenditures.
PROGRAM STAFF
Position Title Aminal Salary
Annual Benefits
Total Compensation
CDBG Funds Requested
for this position
Assistant Director $ 71,746.88
$ 52,74132
5 124,488.20
$ 77,805.13
Program Coordinator X 8 $ 135,625,40
$ 11,067.01
$ 146,692.41
$ 88,349.30
Tutor X 2 $ 25,705.00
$ 2,097.52
$ 27,802.52
$ 17,37(,,58
Total Amount Requested
$ 187,53 L00
Must equal amount indicated on Exhibit B
CONTRACTUALIPROFRSSIONAI, SFRVIr:R.R
Type of Service, Annual Contract Amount Total Compensation CDBG Funds Requested
NA
Total Amount Requested $
Budget Narrative- Describe line items listed in the budget,
Budget Narrative
Exhibit B-1
Page I of I
Mustequal amount indicated on Exhibit B
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and
Suspension, 29 C'FR Part. 98, Section 98,510, Participants' responsibilities. The regulations were published
as Part VII of the May 26,1988 Federal Re ister (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of foderal assistance funds certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency,
(2) Where the prospective recipient of federal assistance finds is unable to certify to any of the
statements in this certification, such prospective participant shalt attach an explanation to this
proposal,
Carlos Rojas, Chief of Police
Name and Title of Authorized Representative
Signature
"Mu
EXHIBIT C
Paget of 2
INS'T'RUCTIONS FOR CERTIFICATION
1, By signing and submitting this proposal, the prospective recipient of federal assistance finds is
providing the certification as set out below.
2. The certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was entered into. If it is later determined that the prospective recipient of
federal assistance funds knowingly rendered an erroneous certification, in addition to other remedies
available to the Federal Government, the Department of Labor (DOL) may pursue available
remedies, including suspension and/or debarment.
3. The prospective recipient of federal assistance funds shall provide immediate written notice to the
person to which this proposal is submitted if at any time the prospective recipient of federal
assistance funds learns that its certification was erroneous when submitted or has become erroneous
by reason of changed circumstances.
4. The terms 'covered transaction," "debarred," "suspended," "ineligible," "lower tier covered
transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and
"voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and
Coverage sections of rules implementing Executive Order 12549. You may contact the person to
which thus proposal is submitted for assistance in obtaining a copy of those regulations,
5. The prospective recipient of federal assistance Kurds agrees by submitting this proposal that, should
the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, tuiless authorized by the DOL.
6. The prospective recipient of federal assistance funds further agrees by submitting this proposal that
it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and
voluntary exclusion - Lower Tier Covered Transactions," without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
A participant in a covered transaction may rely upon a certification of a prospective participant in a
lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded
from the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the List of Parties Excluded from Procurement or Non -
Procurement Programs.
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certifrea tion required by this clause. The knowledge and
information of a participant is not required to exceed that which is normally possessed by a prudent
person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a
covered transaction knowingly enters into a lower tie' covered transaction with a person who is
suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in
addition to other remedies available to the .Federal Government, the DOL may pursue available
remedies, including suspension and/or debarment.
EXHIBIT C
Page 2 of 2
Certification Regarding Lobbying
Certification for Contracts Grants Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly,
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Santa Ana Police Department SAPAAL
Orantee/Contactor Organization /^\ /7 Program Title
Name of Certifying Officer
Signature
EXHIBIT D
Page I of 2
Date
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT wilt comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development finds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or inpart with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBR.ECIMENT does not assume CITY'S responsibility for initiating the review process
uncler Executive Order 12372.
EXHIBIT D
Page 2 of 2
Certification Reaardina Druci-Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that It will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed 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
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
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(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall Insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S, Department of Housing and Urban Development Immediately upon the
decision to use such additional sites by submitting a revised "Place of
Performance" form.
Santa Ana Police Department
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authorized Signa #u a Date
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PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG-FREE
WORKPLACE REQUIREMENTS
Name:
Date:
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
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