HomeMy WebLinkAbout60A - FY 20-22 CDBGREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 3, 2020
TITLE:
APPROVE THE FISCAL YEAR 2020-2022
COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM FOR A TOTAL
AMOUNT OF $7,560,549
/s/Kristine Ridge
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1s' Reading
❑ Ordinance on 2i1 Reading
❑ Implementing Resolution
❑ Set Public Hearing For
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FILE NUMBER
Approve the proposed Fiscal Year 2020-2021 Community Development Block Grant Program
in the estimated amount of $7,560,549, subject to adjustment upon notification of the Grant
Year 2020 and 2021 award from the United States Department of Housing and Urban
Development. The estimated amount of $7,560,549 includes $5,701,154 from the Grant Year
2020 allocation, re -allocation of prior year program funds in the amount of $1,004,222, and
$855,173 from 2021 Grant Year allocation for public services from the United States
Department of Housing and Urban Development.
2. Direct the City Attorney to finalize and authorize the City Manager to execute memorandums
of understanding with various city departments awarded funds as part of the approved
Community Development Block Grant Program for a term beginning July 1, 2020 through June
30, 2021, subject to non -substantive changes approved by the City Manager and City
Attorney.
3. Direct the City Attorney to finalize and authorize the City Manager to execute agreements with
non-profit organizations awarded funds as part of the approved Community Development
Block Grant Program for a two-year term beginning July 1, 2020 through June 30, 2022,
subject to non -substantive changes approved by the City Manager and City Attorney. Funding
for Public Services approved for FY 2020-2021 will be renewed at the same award amount for
2021-2022 subject to review of the non-profit organization's performance.
60A-1
Fiscal Year 2020 — 2022 CDBG Program
March 3, 2020
Page 2
City Department
2020-2021
Award
Community Development Agency -Administration of the CDBG Program. Proposed
$1,080,230
funding amount calculated based on 20% administrative cap less Fair Housing amount
Orange County Fair Housing Council Inc. —Provides fair housing education,
landlord tenant counseling and enforcement services to combat housing discrimination and city
$60,000
administrative support for the residents of the City of Santa Ana. A commitment to further fair
housing is a requirement of CDBG funding_
Code Enforcement — Community Preservation Services
$800,000
Economic Development - Funds are used to make award grants of up to $5,000 to
$72 926
eligible microenterprise businesses in the City_
Library Services - Library Renovation
$700,000
Parks, Recreation, and Community Services Agency
$1,400,000
Planning and Building Agency — Neighborhood Sponsored Improvements to address
property maintenance and life safety violations, which contribute to the visual blight and general
$50,000
decline of an area_
Housi ng — To address rehabilitation of single-family and multi -family housing as well as a
$1,687,047
homebu er down payment assistance program
TOTAL
$5,850,203
Public Service Organizations
2020-2022
Award
AIDS Services Foundation of OC dba Radiant Health Centers — HIV Care
Services
$60,000
America on Track — Brighter Futures for Children of Prisoners
$60,000
Boys & Girls Club of Santa Ana — College Bound
$75,000
Community Action Partnerships of OC — Economic Empowerment, Your Money
Your Goals
$60,000
Community Health Initiative Orange County - Provides outreach, education,
enrollment, and case management services to vulnerable populations
$60,000
Community Legal Aid SoCal - Provides free, holistic legal assistance to survivors of
domestic violence
$75,000
Community SeniorSery — Lunch Cafe
$60,000
Community SeniorSery — Home Delivery Meals
$60,000
Delhi Center/Public Law Center - Family Economic Success Initiative Program
$80,000
Delhi Center - Teens Engaged in Learning and Leadership Program
$75,000
Girl's Inc. of Orange County — Literacy Lab
$77,500
Human Options — Assisting Domestic Violence Victims
$60,000
Lutheran Social Services of So. Cal. — Victims intervention Program
$60,000
Nati's House (dba Neutral Ground) - Gang Prevention
$60,000
Nati's House (dba Neutral Ground)— Summer Night Lights
$60,000
60A-2
Fiscal Year 2020 — 2022 CDBG Program
March 3, 2020
Page 3
OC Children's Therapeutic Arts Center — CARR Neighborhood crime Prevention
and Intervention
$60,000
OC Children's Therapeutic Arts Center — WILLARD Neighborhood crime
Prevention and Intervention
$60,000
Public Law Center - Affordable Housing & Homelessness Prevention Program
$80,000
Pure Game — STAR Sports
$60,000
Relampago del Cielo — Folklonco Dance Instruction
$84,650
Taller San Jose Hope Builders — Business Applications
$60,000
The Cambodian Family — Plan Ahead Youth Program
$68,196
WISEPIace — Steps to Independence
$90,000
Women's Journey Foundation — Next Generation, Emotional Intelligence Through the
Arts
$85,000
Young Men's Christian Association of OC — Financial Assistance Program
$80,000
TOTAL
$1,710,346
Info Tho —Ali, mn it In rhn m no m_ Rornmrrw d-d
Arfin C nA-,-
FEBRUARY 18, 2020 CITY COUNCIL MEETING UPDATE
Following City Council direction, staff have reallocated our limited CDBG funds to maximize the arts
and cultural programming in the city. Specifically, staff are now recommending to reduce funding
for Relampago Del Cielo and Women's Journey Foundation by $30,000 each and reallocate those
funds to Nati's House - Summer Night Lights for a total new award of $60,000. Staff communicated
with both organizations and both understand that City Council wants to maximize the impact of
these limited funds for arts and cultural programming in the city.
In regards to the funding request for Second Chance Orange County, staff will be recommending
to the Community Redevelopment and Housing Commission to fund their organization with $30,000
annually in Emergency Solutions Grant funds renewable for up to a five-year period.
COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION RECOMMENDATION
At its Regular Meeting on January 22, 2020, the Community Redevelopment and Housing
Commission (CRHC) recommended approval of the nonprofit public services for the Fiscal Year
2020-2022 Community Development Block Grant Program to the City Council by a vote of 5:0
(Garcia absent).
DISCUSSION
The City of Santa Ana receives an annual allocation of Community Development Block Grant
(CDBG) Program funds from the United States Department of Housing and Urban Developmeni
(HUD) to improve low to moderate -income neighborhoods, eliminate blight and create a more stable
economic base. These funds may be used for a diverse range of programs, including affordable
housing, street improvements, park and public facilities improvements, economic development,
code enforcement, and public services. The City's CDBG expected allocation for Grant Year (GY)
2020, Fiscal Year (FY) 2020-2021, is $5,701,154.
60A-3
Fiscal Year 2020 — 2022 CDBG Program
March 3, 2020
Page 4
The proposed FY 2020-2021 CDBG Program and Funding Plan consists of the (CRHC) funding
recommendations for nonprofit public service programs and staff's funding recommendations for
Administration and Planning, Code Enforcement, Economic Development, City Capital
Improvements, and Housing. The CDBG Program and Funding Plan can be summarized in two
general categories: 1) Capital Projects/CDBG Program Funding Plan; and 2) Public Services. A
summary of the process and allocation for the FY 2020-2021 CDBG Program is provided below for
both general categories.
Capital Projects/CDBG Program Funding Plan
The FY 2020-2021 CDBG Program Funding Plan includes the funding allocations for
administration, fair housing, code enforcement in low- to moderate- income areas of the city to
address health and safety violations, economic development to provide small business grants,
nonprofit public services, city capital improvement projects and multi -family rehabilitation loans as
described in the CDBG FY 2020-2021 Program Funding Plan (Exhibit 1). The CDBG allowable cap
of 20 percent for administration and fair housing services is estimated to be $1,140,230 for FY
2020-2021. Administration is necessary for staffing, compliance, reporting, fiscal management, and
monitoring of the entire program. Fair housing is necessary due to CDBG requirements that the
City affirmatively further fair housing. Three new city capital improvement projects are
recommended for funding, which include the following:
1) $1.4 million for Park and Library improvents in CDBG eligible areas.
2) $700,000 for renovation of the Santa Ana Main Library with new windows throughout the
building. The project will involve the demolition of existing windows, and the purchase and
installation of new windows and weatherproofing.
3) $50,000 for Neighborhood -Sponsored Improvements to assist residential areas most
affected by gang graffiti and vandalism by installation of virtually maintenance free
commercial grade artificial ivy.
The proposed programs and projects have been determined to be of highest priority and need by
the Executive Directors of the Parks, Recreation and Community Services Agency, Public Works
Agency, Planning and Building Agency and Community Development Agency, following the City's
internal application process and the competitive public service allocation process described below.
Public Services
A maximum of 15 percent of CDBG funding, plus anticipated program income not to exceed 15%
for FY 2020-2022 ($1,710,346), may be used for public services. For FY 2020-2022, the City is
providing the entire estimated public service allocation to nonprofit organizations for programs with
an emphasis on crime prevention, intervention, and/or suppression for children, youth, and families,
economic development, tenant services assistance and programs, health services, and senior
services (Exhibit 2).
Following approval by the City Council on October 15, 2019, the City solicited applications from
nonprofit organizations from November 4, 2019 to December 16, 2019. Marketing of the CDBG
application process and nonprofit outreach efforts included a press release, use of social media via
the City's Facebook page, a -mails to a nonprofit organization distribution list, mailings to nonprofits,
e-mails to the City's Constant Contact distribution list, and a dedicated CDBG webpage on the City's
website.
60A-4
Fiscal Year 2020 — 2022 CDBG Program
March 3, 2020
Page 5
A total of 32 applications were received from 27 nonprofit organizations (four non -profits submitted
two applications and one nonprofit submitted three applications). The applications were submitted
to the Community Redevelopment and Housing Commission (CRHC) Ad Hoc Committee for review
and rating based on the following criteria:
COMMUNITY NEEDS
1. Did organization identify nature of
•
Applicant identifies the nature of the program and
the program and demonstrated
demonstrated need for targeted group. = 10 Pts.
community need for target
•
Applicant doesn't identify the nature of the program and did
population group (i.e. youth,
not demonstrated need for targeted group. = 5 Pts.
seniors, disabled) Q.8, 12, 14, 15
•
Applicant only identifies State or National data = 0 Pts.
10 Points
2. Did applicant meet a specific City
•
Applicant met a specific city strategic plan goal and
strategic plan goal and strategy
strategy and was correlation to proposed program was
and stated correlation to
clea r= 10 Pts.
proposed program? Q. 10
•
Applicant met a specific city strategic plan goal and
10 Points
strategy but did not clearly state the correlation to
proposed program = 5 Pts.
•
Applicant did not meet any plan goal or strategy = 0 Pts.
CAPACITY
TO PROVIDE PUBLIC SERVICES
3. Did the organization provide a
Organization provided summary and staff listing of all admin
summary and listing of the
and program to fully execute proposed program = 20 Pts.
admin and program
Organization did not provide both summary and staff listing
staff? Q. 20 and Staff Listing
of all admin and program staff = 10 Pts.
20 Points
Organization provided summary and staff listing of all admin
and program staff but does not have the capacity to fully
execute proposed program = 5 Pts.
•
Organization did not provide summary and staff listing of all
Admin and program = 0 Pts.
EXPERIENCE
4. Years of experience providing
5 or more years of experience providing proposed program =
the proposed program? Q. 9
10 Pts.
10 Points
2-4 years of experience providing proposed program = 5 Pts.
•
1 year of experience providing proposed program = 3 Pts.
•
0 years of experience providing proposed program = 0 Pts.
5. Does the applicant have
Applicant has experience administering CDBG and Federal
experience administering
Grant programs = 10 Pts.
CDBG and/or any other
Applicant only has experience administering CDBG
Federal Grants? Q.19
programs = 5 Pts.
10 Points
Applicant has no experience administering CDBG and/or
Federal Grant programs = 0 Pts.
60A-5
Fiscal Year 2020 — 2022 CDBG Program
March 3, 2020
Page 6
6. Did organization meet prior
•
Applicant met 90% annual goals and expended all grant
year's performance and
funds 3 of 3 years = 10 Pts.
expenditure goals. (Staff
•
Applicant met 90% annual goals and/or expended all grant
spreadsheet)
funds for 2 of 3 years = 5Pts.
10 Points
•
Applicant met 90% annual goals and/or expended all grant
funds for 1 of 3 years = 3 Pts.
•
Applicant did not meet annual goal and/or expended all
grant funds for 3 years = 0 Pts.
EFFECTIVE & EFFICIENT USE OF FUNDS
7. Are the majority of
•
100% to 80% of program participants are City residents = 10
unduplicated participants from
Pts.
Santa Ana? Q.1
•
79.9% to 60% of program participants are City residents = 5
(Q1 a/Q1=%)
Pts.
10 Points
•
59.9% to 30% of program participants are City residents = 0
Pts.
8. Did the organization describe the
Measurable performance outcomes with qualitatively and
measurable performance
quantitatively tracking = 10 Pts.
outcomes and how outcomes will
Measurable performance outcomes but no qualitatively and
be qualitatively and quantitatively
quantitatively tracking = 5 Pts.
tracked? Q.17, 18
No measurable performance outcomes and qualitatively and
10 Points
quantitatively tracking = 0 Pts.
9. Does the organization have
Organization partners and/or collaborates with 3 or more
active partnerships and/or
community organizations = 10 Pts.
collaborations in order to
Organization partners and/or collaborates with 2 community
effectively and efficiently carry
organizations = 5 Pts.
out proposed program? Q.16
Organization partners and/or collaborates with 1 community
10 Points
organization = 1 Pts.
•
Organization partners and/or collaborates with 0 community
organization = 0 Pts.
Representatives from each organization were invited to present their proposed public service
programs for funding consideration at two CRHC public hearings, on January 7, 2020 and January
9, 2020, held from 3:00 PM to 7:00 PM on both days. The CRHC Ad Hoc Committee finalized the
application review and recommendations on January 15, 2020, and the funding recommendations
are summarized in Exhibit 2. The recommended funding amounts for the non-profit organizations
for a two-year contract period equals $1,710,346 from July 1, 2020 to June 30, 2022, with the
exclusion of the Orange County Fair Housing Council Inc., which is funded out of program
administration, as in previous years, and is not subject to the 15% public service cap. A brief
summary of all 32 applications are shown in Exhibit 3.
The CRHC, acting with assistance from City staff, made substantial improvements to the CDBG
review process this year for our non-profit allocation in order to strengthen the process. Specifically,
the commission formed an Ad Hoc Committee to revise the nonprofit CDBG application and scoring
criteria matrix. Then, the Ad Hoc Committee and full commission adopted the following three
improvements:
Fiscal Year 2020 — 2022 CDBG Program
March 3, 2020
Page 7
1. Adoption of a two-year non-profit CDBG application cycle. This improvement creates more
certainty for the City's non-profit partners in regards to their funding.
2. Approval to have an Ad Hoc Committee review and score the non-profit CDBG applications
on behalf of the commission and make funding recommendations to the entire commission
which will then be recommended by the commission to the City Council.
3. Directed staff to facilitate a study session of the City's funding priorities and strategic plan
goals after the Five -Year Consolidated Plan is completed.
Once the City receives the actual CDBG allocations for FY 2020-2021 and FY 2021-2022 from
HUD, the approved CDBG public service allocation will be increased or decreased in proportion to
the actual grant allocation. Should the increase in funding be enough to fund additional nonprofits
at the minimum funding level, funds will be allocated to the next highest scoring organization(s).
Any remainder will be distributed to already high performing organizations in proportion to their
actual grant allocation.
Next Steps:
If the FY 2020-2021 CDBG Program Funding Plan is approved, staff will prepare and execute
memorandums of understanding with various City departments (Exhibit 4) for the period of July 1,
2020 through June 30, 2021 and agreements with nonprofit organizations (Exhibit 5 and 6) for the
period of July 1, 2020 through June 30, 2022. All of the projects and programs are eligible for CDBG
funding and are in alignment with the City's Five -Year Consolidated Plan, Strategic Plan and Capital
Improvement Program.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's effort to meet the following Goals, Objectives, and
Strategies:
Goal #1 - Community Safety, Objective #6 (enhance Public Safety integration, communications
and community outreach), Strategy F (The Santa Ana Police Department will collaborate with the
Orange County Probation Department, Orange County Healthcare Agency caseworkers, business
community, and associated non-profit organizations to assist in re-entry of recently released
offenders into the community);
Goal #2 - Youth, Education, Recreation, Objective #2 (expand youth programing), Strategy A
(focus resources on quality youth engagement, civic awareness, enrichment and education
programs (i.e. youth camping trips) and expand after -school programs during out -of -school hours
at the library and community centers, and Strategy B (expand the youth sports program so that
youth recreational opportunities are established year-round); Objective #4 (partner with groups and
organizations to promote education, senior services, job training and development for all Santa
Ana residents), Strategy A (partner with The California Endowment, Santa Ana College, Chapman
University, UCI, CSUF, and other institutions of higher education to design career pathway
programs that support priority workforce industries (Retail, healthcare, manufacturing, renewable
energies) that results in faster reemployment of Santa Ana's residents;
60A-7
Fiscal Year 2020 — 2022 CDBG Program
March 3, 2020
Page 8
Goal #3 - Economic Development, Objective #5 (leverage private investment that results in tax
base expansion and job creation citywide), Strategy C (develop a knowledge base to foster
economic development by actively partnering with non-profit organizations);
Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support
neighborhood vitality and livability), Strategy D (implement new Neighborhood Improvement
Initiatives focusing on residential areas that have been adversely affected by disinvestment and
decline. Program and services from a variety of resources will be utilized to achieve positive and
sustainable improvements), and Objective #6 (focus projects and programs on improving the health
and wellness of all residents), Strategy C (integrate a variety of health and wellness programs into
existing programming at each of the city's community/recreation centers (e.g. Develop equitable
health access points)).
FISCAL IMPACT
Funds will be budgeted and available in the Community Development Block Grant account (nos.
13518780, 13518782, and 13518783) upon execution of a grant agreement between the City and
HUD and adoption of the FY 2020-21 annual budget. It is anticipated that the CDBG allocation will
be expended as follows:
Fiscal Year
Grant
Accounting Unit-
Fund
Accounting Unit,
Amount
Year
Account #
Description
Account Description
Community
FY 2020-21
2020
13518780-various
Development
CDBG Administration
$1,140,230
Block Grant
Community
FY 2020-21
2020
13518782-various
Development
CDBG Housing
1,687,047
Block Grant
Community
FY 2020-21
2020
13518783-various
Development
CDBG Programs
2,873,877
Block Grant
2015-
Community
FY 2020-21
2018
13518783-various
Development
CDBG Programs
1,004,222
Block Grant
Total for FY 20-21
$6,705,376
If the City Council approves the two-year agreements with the non-profit organizations per
Recommended Action 3, upon the execution of a grant agreement between the City and HUD and
the adoption of the FY 2021-22 annual budget, funds will be available and expended as follows:
Fiscal Year
Grant
Accounting
Fund
Accounting Unit,
Amount
Year
Unit -Account #
Description
Account Description
Community
FY 2021-22
2021
13518783-various
Development
CDBG Programs
$ 855,173
Block Grant
Total for FY 21-22
$ 855,173
Total for FY 20-22 1 $7,560,549
.1 m
Fiscal Year 2020 — 2022 CDBG Program
March 3, 2020
Page 9
APPROVED AS TO FUNDS AND ACCOUNTS:
Steven A. Mendoza Kathryn Downs, CPA
Executive Director Executive Director
Community Development Agency Finance and Management Services Agency
Exhibits: 1. CDBG Program Funding Plan and Program Summaries
2. CRHC Nonprofit Funding Recommendations
3. Summary of Nonprofit Applications
4. City Agency Memorandum of Understanding Template
5. CDBG and Nonprofit Agreement Template
6. Santa Ana Work Center and Nonprofit Memorandum of Understanding Template
60A-9
EXHIBIT 1
PROGRAM
ADMINISTRATION & PLANNING
Administration and Planning
Fair Housing
CODE ENFORCEMENT
Community Preservation Code Enforcement
Community Preservation Legal Services
ECONOMIC DEVELOPMENT
Nov, Business Start -Up
NONPROFIT PUBLIC SERVICES`(Fy2o.2i & 21.22)
AIDS Services Fdn OC dba Radiant Health Centers
America on Track
Boys & Gids Club of Santa Ana
Charitable Ventures of OC (Summer Night Lights)
Community Action Partnership of Orange County
Community Healtit Initiative Orange County
Community Legal Aid Wal (Domestic Violence Prevention Project)
Community SenlDlSew Inc. (Lunch Cafe)
Community SemorSery Inc. (Home Delivered Meals)
Court Appointed Special Advocates (CASA)
Delhi Center/PLC (Family Economic Success Initiative)
Delhi Center (Teens Engaged in Learning and Leadership)
Delhi CentedALBI
Heritage Museum of Orange County (Borrowing Barn)
Heritage Museum of Orange County(Museums Inspiring Change)
Gids Inc of Orange County(Umracy Lab)
Human Options
Lutheran Social Services of So, Cal.
Naps House (dba Neutral Ground) SNL
Nati's House (dba Neutral Ground) Gang Prevention
OC Children's Therapeutic Ads Center (CARR)
OC Children's Therapeutic Ads Center (Willard)
Orange County United Way
Public Law Center (Consumer)
Public Law Center (Housing)
Pure Game
Relampago del Cielo
Santa Ana Xtreme
Second Chance Orange County
Taller San Jose Hope Builders
The Cambodian Family
WISEPiace
APPROVED
FY 19-20
REQUESTED
FY 20-21
RECOMMENDED
FY 20-21
$ 1,140,230
$
1,146,230
$
1,140,230
1,080.230
1,080,230
1,080,230
60.000
66,000
60,000
$ 790,664
$
800,000
$
800,000
765,664
775,000
775,000
25,000
25,000
25,000
$ 72,926
$
72,926
$
72,926
72,926
72,926
72,926
$ 872,543
$
1,926,886
' $
1,710,346
-
148,500
60,000
45,000
75,000
60,000
40,000
75,000
75,000
30,000
-
-
30,000
37,500
60,000
30,000
50,000
B0,000
38,000
44,036
75,000
-
48,000
60,000
-
48,000
60,000
30,000
-
-
93,205
149,183
80,000
68,461
73,085
75,000
61,557
62.537
-
31,320
34,516
-
-
30,000
-
-
60,000
77,500
-
38.299
60,000
30.000
75,000
60.000
60,000
60,000
60,000
-
75,000
60,000
-
50,000
60,000
70.000
75,000
60.000
66,000
30,000
30.000
50,000
BQ000
-
33,000
60,000
-
69,300
8050
33.000
-
50,000
60,000
-
30,000
75,000
60,000
45.000
75,000
68,196
-
45.000
90,000
Women's Journey Foundation
-
74,430
85,000
Young Man's Christian Association of Orange County
30,0D0
37,500
80,000
CITY CAPITAL IMPROVEMENTS
$
3,635,323
$
10,671,150
$
2,150,000
Library(FY 20-21 Library Renovation)
1,435,000
5,226,500
700,000
Residential Street and Intrastructural Improvements
2.150.323
3,994,650
-
Park Improvements
1,400,000
1,400,000
Neighborhood Sponsored Improvements
50,000
50,000
50,000
HOUSING
$
635,000
$
1,681,207
IS
1,687,047
Single Family Rehab -City
300,000
-
Multi Family Rehab
175,000
1.681,207
1,687,047
Homebuyer Down Payment Assistance
160,000
-
TOTAL
$
7,146,686
$
16,298,399
$
7,560,549
CDBG ALLOCATION 2020-2021
$
5,701,154
$
5,701,154
$
5,701,154
CDBG ANTICIPATED PROGRAM INCOME
$
275,039
$
-
CDBG RE -ALLOCATION -AVAILABLE
$
1,170,493
$
1,004,222
CDBG ALLOCATION 2021-2022 (15% Public Services)
$
1,170,493
$
855,173
SURPLUS/(DEFICIT)
$
-
$
(10.597.245)
$
-
ADMINISTRATION CAP 20%OF ALLOCATION
$
1.140,230
$
1,140.230
$
1,140,231
ADMINISTRATION PROPOSED
$
1.140,230
$
1,146.230
$
1,140,231
SURPLUS/(DEFICIT)
$
(0)
$
(6,000)
$
(0)
PUBLIC SERVICE CAP 16% OF ALLOCATION
PLUS PROGRAM INCOME NOT TO EXCEED 15%
$
872,543
$
855.173
$
855,173
PUBLIC SERVICE PROPOSED
$
872.543
$
855.173
$
855,173
SURPLUS/(DEFICIT)
$
-
$
-
$
-
60A-10
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CRHC Nonprofit Funding Recommendations
CDBG FY 2020-21 and FY 2021-22
Organization Name
Program
Applicant Current l
yearfunding
Applicant
requested 22year
funding
CRHC
Recommended2-
year Funding
AIDS Services Foundation OC DBA Radiant Health Centers -
HIV rare Services
$148,500.00
$60,000.00
America on Track-
$45,000.00
$150,000.00
$60,000.00
Boys &Girls Club-
$40,000.00
$150,000.00
$75,000.00
Community Action Partnership of Orange County-
$30,000.00
$75,000.00
$60,000.00
Community Health Initiative Orange County-
$30,000.00
$100,000.00
$60,000.00
Community Legal AidSoCal-
Domestic Vinlemm
$38,000.00
$88,072.00
$75,000.00
Community SentorServ-
$96,000.00
$60,000.00
Community Sell -
Home Del vered Meek
$96,000.00
$60,000.00
DelhiCenterlPublicLawCenter-
Family roanom c Success initiative
$93,205.00
$68,461.00
$298.366.00
$146,170.00
$80,000.00
$75,000.00
Delhi Center-
Girl's Inc of Orange County-
$120.000.00
$77,500.00
Human Options-
Assistim, Domestic Violence Victims
$76,597.00
$60,000.00
Lutheran Social Services of Southern California -
$30,000.00
$60,000.00
$150,000.00
$60,000.00
$60,000.00
$60,000.00
Nati'sHouse-
NatisHouse-
$150,000.00
$60,000.00
Orange CountyChildren'sTherapeuticMsCenter-
$70,000.00
$100.000.00
$150,000.00
$60,000.00
$60,000.00
Orange County Children's Therapeutic Arts Center-
Willard Npial-horhood Crime Prevention and Intervention
Public Law Center-
$30,000.00
$100,000.00
$80,000.00
Pure Game-
STAR Smuts
$66,000.00
$60,000.00
RelampagodelCielo-
$138,600.00
$84,650.00
Taller San Jose Hope Builders -
$30,000.00
$150,000.00
$60,000.00
The Cambodian Family-
Plan Ahnnal Youth Pracuarn
$45,000.00
$150,000.00
$68,196.00
WisePlace-
$90,000.00
$90,005.00
Women's Journey Foundation-
$148,860.00
$85,000.00
YMCAofOC-
$30,000.00
$75,000.00
$80,000.00
DelhiCenterlALBI-
$61,557.00
$125,074.00
$0.00
Heritage Museum of Orange County-
The BouoWnQ Barn
$31,320.00
$69,032.00
$0.00
Heritage Museum of Orange County-
Museums Inspiring Change
$60,000.00
$0.00
Orange County united Way-
$132,000.00
$0.00
Be Its Ana Xtreme-
q.nta Ana Xtreme Softball
$66,000.00
$0.00
Second Chance Orange County -
More Second Channp,,q
$50,000.00
$120,000.00
$0.00
Total CRHC 2-year Funding Recommendation $1,710,346.00
Orange County Fair Housing Council Inc. $66.000.00 1 $60,000.00 $60,000.00
103:ILy11111c3
Summary of Community Development Block Grant Nonprofit Applications
FY 2020-2022
AIDS Services Foundation Orange County DBA Radiant Health Centers
HIV Care Services
Radiant Health Centers (RHC) will provide low-income residents living with HIV in the City of
Santa Ana with wraparound HIV care services. Participants will receive the support and
resources needed to remain in medical care, maintain their health, and achieve viral
suppression.
Proposed number to be served: 680
Currently Funded: N/A
CRHC Recommendation: $60,000
Strategic Plan Alignment: 5 Funding Request: $148 500
America On Track
Brighter Futures for Children of Prisoners
Children of prisoners deserve the chance to discover a brighter future, which is why America
On Track provides them with trained, caring mentors, STEM workshops, a "College is For Me
Too!' camp, free books, and special outings, as well as nutrition seminars and wraparound
services for the families.
Proposed number to be served: 600
Currently Funded: $45,000 CRHC Recommendation: $60,000
Strategic Plan Alignment: 2, 2a Funding Request: $150 000
Boys & Girls Club of Santa Ana
College Bound
College Bound provides at -risk Santa Ana teens with academic instruction and mentors to help
graduate high school on time, prepare for secondary education, technical school or military
and set career goals; this also prevents teens from engaging in activities that could otherwise
derail their path.
Proposed number to be served: 200
Currently Funded: $40,000
CRHC Recommendation: $75,000
Strategic Plan Alignment: 2, 4a Funding Request: $150 000
Community Action Partnership of Orange County
Economic Empowerment - Your Money, Your Goals
Economic empowerment services for low-income adults and youth in and around Santa Ana;
workshops include Your Money Your Goals curriculum, which covers banking, spending plans,
and money management by providing tools for participants to develop habits to increase their
financial wellbeing.
Proposed number to be served: 200
Currently Funded: $30,000
CRHC Recommendation: $60,000
Strategic Plan Alignment: 3, 5c Funding Request: $75,000
60A-17
103:1111:31111111c3
Summary of Community Development Block Grant Nonprofit Applications
FY 2020-2022
Community Health Initiative of Orange County
Community Health Access Program
CHIOC helps City of Santa Ana residents to access health and social service programs by
providing outreach, education, enrollment, and case management services to vulnerable
populations. We strive to ensure that clients acquire, retain, and utilize community resources
effectively.
Proposed number to be served:2891
Currently Funded: $30,000 CRHC Recommendation: $60,000
Strategic Plan Alignment: 5, 6d Funding Request: $100,000
Community Legal Aid SoCal
Domestic Violence Prevention Project
Community Legal Aid SoCal (CLA SoCal) will provide free, holistic legal assistance to Santa
Ana survivors of domestic violence to help them escape abuse and break the cycle of violence.
Priority is given to service in the areas of family law, immigration, and healthcare advocacy.
Proposed number to be served: 72
Currently Funded: $38,000 CRHC Recommendation: $75,000
Strategic Plan Alignment: 1, 6f Funding Request: $88,072
Community SeniorSery dba Meals on Wheels Orange County
Lunch Cafe
The purpose of the Lunch Cafe Program is to provide nutritious lunch meals for seniors in
Santa Ana who are isolated, low income, and frail. The CDBG funds will help offset the raw
food costs for providing meals for senior participants living in Santa Ana.
Proposed number to be served: 1,000
Currently Funded: N/A CRHC Recommendation: $60,000
Strategic Plan Alignment: 5, 6e Funding Request: $96 000
Community SeniorSery dba Meals on Wheels Orange County
Home Delivered Meals Program
The Home Delivered Meals Program provides nutritional meals on a donation -basis to seniors,
who are frail, isolated, have limited mobility, and limited social support. The CDBG funds will
help offset the raw food costs for providing meals to homebound seniors residing in Santa Ana.
Proposed number to be served: 300
Currently Funded: N/A CRHC Recommendation: $60,000
Strategic Plan Alignment: 5, 6e Funding Request: $96,000
Delhi Center I Public Law Center (previously Delhi / CIELO)
Family Economic Success Initiative (FES)
A collaborative case management strategy to help low-income families fill vocational,
educational, and financial service gaps, so they can make better decisions to earn more, keep
more of what they earn, and move up the economic ladder.
Proposed number to be served:250
Currently Funded: $93,205 CRHC Recommendation: $80,000
Strategic Plan Alignment: 2, 2a Funding Request: $298,366
60A-18 2
I�:I:II:l��e3
Summary of Community Development Block Grant Nonprofit Applications
FY 2020-2022
Delhi Center
Teens Engaged in Learning and Leadership (TELL)
A leadership development program that trains teens to take an active role in designing and
implementing educational and team building activities in their community that teach younger
children about gang prevention, problem solving, conflict resolution, avoiding risk and making
safe choices.
Proposed number to be served:250
Currently Funded: $68,461 CRHC Recommendation: $75,000
Strategic Plan Alignment: 2, 2a Funding Request: $146 170
Girl's Inc of Orange County
Literacy Lab
Literacy Lab ensures that 120 elementary school girls per year in Santa Ana reach grade level
reading by fourth grade. Small group reading with mentors and educators, engaging activities,
a summer camp, and family literacy nights build a love of reading and a strong educational
foundation.
Proposed number to be served: 240
Currently Funded: N/A
CRHC Recommendation: $77,500
Strategic Plan Alignment: 2, 2a Funding Request: $120,000
Human Options
Assisting Domestic Violence Victims
The project will provide intensive case management services to Santa Ana residents who self
report domestic violence or who. are referred by the Domestic Violence Response Team. Case
management services will include safety planning, assessment of needs and linkages to
needed resources.
Proposed number to be served: 80
Currently Funded: N/A
CRHC Recommendation: $60,000
Strategic Plan Alignment: 1, 1d Funding Request: $76,597
Lutheran Social Services of Southern California (LSSSC)
Victims Intervention Program (VIP)
The Victims Intervention Project (VIP) will provide women who are victims of crime with
evidence -based recovery services — direct mental health services, rental assistance,
hotel/motel vouchers, intensive case management, transportation, life skills training and other
supportive services.
Proposed number to be served: 150
Currently Funded: $30,000
CRHC Recommendation: $60,000
Strategic Plan Alignment: 5, 4d Funding Request: $150,000
60A-19
l*3:ii ]N [c]
Summary of Community Development Block Grant Nonprofit Applications
FY 2020-2022
Nati's House Neutral Ground
Gang Prevention
Nati's House Neutral Ground provides after school programming and mentoring to youth:
focusing on violence prevention, gang intervention, restorative practices, mentoring, and drug
and alcohol prevention. Neutral Ground also provides street outreach and programming for
parents and community.
Proposed number to be served: 150
Currently Funded: N/A CRHC Recommendation: $60,000
Strategic Plan Alignment: 2, 2a Funding Request: $150 000
Nati's House Neutral Ground
Summer Night Lights
Nati's House Neutral Ground provides summer night lights for 40 nights during the summer.
Parks and recreation centers will be open late so that families can enjoy safe spaces, meet
neighbors, find new opportunities and resources, and create relationships with the City and
County agencies that serve them..
Proposed number to be served: 160
Currently Funded: N/A CRHC Recommendation: $60,000
Strategic Plan Alignment: 2, 2a Funding Request: $150,000
Orange County Children's Therapeutic Arts Center
OCCTAC/CARR Neighborhood Crime Prevention & Intervention Program
Orange County Children's Therapeutic Arts Center (OCCTAC) proposes to start our Crime
Prevention & Intervention Program at CARR Intermediate School and neighborhood to provide
youth and their parents life -changing opportunities through: 1) Arts Enrichment, 2)Therapeutic
Arts, 3)Family Counseling, 4)Parenting, & 5)Academic Support.
Proposed number to be served: 200
Currently Funded: N/A CRHC Recommendation: $60,000
Strategic Plan Alignment: 2, 2a Funding Request: $100 000
Orange County Children's Therapeutic Arts Center
OCCTAC/Willard Neighborhood Crime Prevention & Intervention Program
Orange County Children's Therapeutic Arts Center (OCCTAC) proposes to continue our
Willard Crime Prevention & Intervention Program to provide youth and their parents life -
changing opportunities through: 1) Arts enrichment, 2)Therapeutic Arts, 3)Family Counseling,
4)Parenting, & 5)Academic Support.
Proposed number to be served: 550
Currently Funded: $70,000 CRHC Recommendation: $60,000
Strategic Plan Alignment: 2, 2a Funding Request: $150 000
60A-20 4
103:I1i:3111111c]
Summary of Community Development Block Grant Nonprofit Applications
FY 2020-2022
Public Law Center
Santa Ana Community Development Housing Program
PLC provides legal assistance and education to Santa Ana residents who are experiencing
housing instability and reside in poorly operated and maintained mobile home parks and
apartments. PLC supports neighborhood vitality and livability through advocacy for affordable
and habitable dwellings.150
Proposed number to be served: 120
Currently Funded: $30,000 CRHC Recommendation: $80,000
Strategic Plan Alignment 5 4d Funding Request: $100 000
Pure Game
STAR Sports
We provide schools a sports -based youth development program. We focus on creating a safe,
positive, inclusive environment allowing a higher number of kids to participate and experience
our character education and leadership curriculum. Our curriculum helps children make better
quality life choices.
Proposed number to be served: 3,800
Currently Funded: N/A CRHC Recommendation: $60,000
Strategic Plan Alignment 2 2b Funding Request: $66,000
Relampago del Cielo
Folklorico Dance Instruction
The program provides folkloric instruction to children and youth in low -to -moderate -income
families. They will learn various dances from Mexico, showcasing their learning at civic and
community events. The program creates a place where children and youth are healthy, safe
and ready to learn.
Proposed number to be served: 236
Currently Funded: N/A CRHC Recommendation: $84,650
Strategic Plan Alignment 2 2a Funding Request: $138 600
Taller San Jose Hope Builders
Equipping Disadvantaged Youth for Careers
With CDBG funding, Hope Builders' job training program will create economic opportunities
for 50 disadvantaged Santa Ana youth by providing them hard skills training in construction,
healthcare, business applications, and information technology, and life skills needed for
enduring success.
Proposed number to be served: 50
Currently Funded: 75 CRHC Recommendation: $60,000
Strategic Plan Alignment: 2 4a Funding Request: $150,000
5
60A-21
1204:ILy111c3
Summary of Community Development Block Grant Nonprofit Applications
FY 2020-2022
The Cambodian Family
Plan Ahead Youth Program
PAYP will help Santa Ana's low-income youth and parents from immigrant families thrive in
the areas of academics, leadership and parenting skills so that they are able to be engaged in
more positive afterschool activities, stay off streets and avoid destructive or gang related
activity.
Proposed number to be served: 228
Currently Funded: $45,000 CRHC Recommendation: $68,196
Strategic Plan Alignment: 2, 2a Funding Request: $150 000
WISEPIace
Steps of Independence
WISEPIace transitional housing, trauma -informed care and wrap -around services provide the
tools to move women from homeless to safe and affordable housing, reuniting them with their
children and families.
Proposed number to be served: 60
Currently Funded: N/A CRHC Recommendation: $90,000
Strategic Plan Alignment: 5, 4d Funding Request: $90,000
Women's Journey Foundation
Next Generation: Emotional Intelligence Through the Arts
The Next Generation: Emotional Intelligence Through the Arts Program is designed to expose
K-12 grade participants to the development of emotional intelligence through the integration
and direct engagement with the performing arts. The program culminates with a final
performance for their community.
Proposed number to be served: 520
Currently Funded: N/A CRHC Recommendation: $85,000
Strategic Plan Alignment: 2, 2a Funding Request: $148 860
Young Men's Christian Association of Orange County
YMCA Financial Assistance Program - Santa Ana Programs
We would like to request CDBG funding to provide Financial Assistance to low income, very
low, and extremely low-income participants wishing to enroll in our Santa Ana Sports &
Aquatics programs (soccer, swim, dodgeball, fitness programs) and Santa Ana After -School
Programs.
Proposed number to be served: 210
Currently Funded: $30,000 CRHC Recommendation: $80,000
Strategic Plan Alignment: 3, 5c Funding Request: $75,000
60A-22 6
103:11:311111c3
Summary of Community Development Block Grant Nonprofit Applications
FY 2020-2022
Orange County Fair Housing Council, Inc (dba Fair Housing Council of Orange County)
Santa Ana Fair Housing Education, Counseling and Enforcement
Serving both housing consumers and providers with fair housing education, counseling and
enforcement services to combat housing discrimination, combined with landlord -tenant
counseling. Fair housing activities assist Santa Ana in certifying to HUD that it is "affirmatively
furthering fair housing".
Proposed number to be served: 10,050
Currently Funded: 60,000 CRHC Recommendation: $120,000
Strategic Plan Alignment: 5, 4d Funding Request: $132,000
*Fair Housing project funding is from Administrative cap and does not impact Public Service funding.
Delhi CenterlALBI
School Break Enrichment Program
Enrichment Day Camps offered during three school -break periods for 125 children, providing
instruction in performing arts, social emotional skill development activities that build resiliency,
and parent workshops with take-home family assignments that increase family bonding.
Proposed number to be served: 250
Currently Funded: $61,557 CRHC Recommendation: $0
Strategic Plan Alignment: 2 2a Funding Request: $125,074
Heritage Museum of Orange County
The Borrowing Barn
The Borrowing Barn will serve as a tool library, time bank, seed library, and DIY
educational/community center for the surrounding area.
Proposed number to be served: 200
Currently Funded: $31,320 CRHC Recommendation: $0
Strategic Plan Alignment: 3 5c Funding Request: $69,032
Heritage Museum of Orange County
Museums Inspiring Change
Through the MIC mentorship program, we seek to combat a broader, institutional lack of
diversity in the field of museum careers. We will expose SAUSD youth to current industry
leaders, potential career paths, and basic museum principles to build their knowledge of and
access to relevant opportunities.
Proposed number to be served: 140
Currently Funded: N/A CRHC Recommendation: $0
Strategic Plan Alignment: 2, 2a Funding Request: $60,000
7
60A-23
I0:C11-211 e3
Summary of Community Development Block Grant Nonprofit Applications
FY 2020-2022
Orange County United Way
SparkPoint OC
SparkPoint OC financial empowerment centers serve low-income, housing insecure or
homeless individuals and families at five Orange County locations, including Santa Ana.
Clients meet monthly with a financial coach to develop plans that increase income, reduce
debt, improve credit, and build assets.
Proposed number to be served: 120
Currently Funded: N/A CRHC Recommendation: $0
Strategic Plan Alignment: 3, 5c Funding Request: $132 000
Santa Ana Xtreme
Santa Ana Xtreme Softball
Develop female athletes as future civic leaders. Teach self-discipline, hard teamwork &
important life lessons through softball. Providing a healthy activity & training in an atmosphere
of community participtation. Help them with college recruitment/admission and financial
scholarships.
Proposed number to be served: 90
Currently Funded: N/A CRHC Recommendation: $0
Strategic Plan Alignment: 2, 2b Funding Request: $66 000
Second Chance Orange County
More Second Chances
SCOC provides individualized services to Santa Ana residents recovering from alcohol and
substance abuse, often homeless, who seek stable, sustainable lives. Residents seeking an
end to dependency will gain career training, mentoring, support in job placement and ongoing
follow-up.
Proposed number to be served: 120
Currently Funded: $50,000 CRHC Recommendation: $0
Strategic Plan Alignment: 1, 6f Funding Request: $120 000
60A-24 8
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SANTA ANA
AND CITY AGENCY FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Memorandum of Understanding is hereby made and entered into this 1 st day of July, 2020, by
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 CITY AGENCY 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-20-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 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 funds 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. SUBRECH'IENT'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.
60A-25
(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. SUBRECIPIENT is not the subject of any current or threatened 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. SUBRECIPIENT 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/Term and Guarterly Disbursement. The amount granted to
SUBRECIPIENT is $00,000 ("CDBG FUNDS"), for the term of July 1, 2020 through June 30, 2021 for -
-----------Name of Project-----. Such funds shall be expended by SUBRECIPIENT on or before June 30,
2022. 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 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 SUBRECIPIENT, 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 after 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 perform as required may, in
addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is
otherwise obligated to pay to SUBRECfPlENT hereunder.
Z• � � •.
D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30,
2---, 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. SUBRECIPIENT shall use all income received from said funds only for the
same purposes for which said funds may be expended pursuant to the terms and conditions of this
Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written
approval of the CPFY'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 _% will apply.
E. Licensing. 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 SUBRECIPIENI"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 SUBRECIP ENT
fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules 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) from 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 make all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure
to gain compliance within such time shall result in termination of grant funding hereunder.
G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this
Agreement shall be maintained in an account in a federally insured banking or savings and loan institution
with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements.
SUBRECIPIENT 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. SUBRECIPIENT agrees that if SUBRECIPIENT expends
Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an
annual audit conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY
with a copy of said audit by April 1 of the year following the program year in which this Agreement is
executed.
60A-27
I. Record Keepin eportinQ. 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 under the CDBG REGS, including the following:
(1) Records
a. Documentation evidencing program income requirements in conformity with 24 CFR
570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level
of persons and/or families participating in or benefiting by the 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 REGS.
(2) Reports
a. Payment Request. Concurrently with the submittal of each quarterly report, on or before
the 15th day of October, January, April and July, SUBRECIPIENT shall submit both: an original
invoice/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 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-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 such
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 SUBRECIPIENT'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
Z� •
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
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/Required Length of Record Keepine. 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 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 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/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 CITY 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
CH Y.
N. Confidentiality. 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. 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.
O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds
were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a
I •
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. Equipment. 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 "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. Lobbvine. SUBRECIPIENT 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 funds may be expended by the
recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency, Member of Congress, or an officer or
employee of a Member of Congress in connection with awarding of any federal contract, the making of any
federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a
certification to that effect in a 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 under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned 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 Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay
salaries and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a
position to participate in a decision -making process or gain inside information with regard to such
activities, may obtain a financial interest or benefit from a 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, or the SUBRECIPIENT.
U. Labor Standards. The SUBRECIPIENT 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 of seq.) and all other applicable Federal, state and 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 5. The
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SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage
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 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 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 awarded to local 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. SUBRECIPIENT 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. SUBRECIPIENT 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 et al.
SUBRECIPIENT 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 cant' out its activities in compliance with the
requirements of Subpart K of 24 CFR 570, however SUBRECIPIENT 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 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, women's business
enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a
business that meets the criteria 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-
60A-31
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.
ffm
A. Payment of Funds. On July 1, 2020, the CITY expects to be allocated $5,701,154 for fiscal year
2020-2021 from 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 _ Dollars ($00,000) for
SUBRECIPIENT'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/reimbursement requests.
MY 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
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 will 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 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
proj ect.
E. Performance Monitoring: CITY shall monitor the performance of SUBRECIPIENT against
goals and performance standards 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 goals 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-compliance 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
information 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 after being
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notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract
suspension or termination procedures will be initiated.
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
SUBRECIPIENT setting forth the provisions of this nondiscrimination clause.
B. SUBRECIPIENT 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 program 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, SUBRECIPIENT 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. 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. SUBRECIPIENT 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.
I_\y�K�l`►1 y 11 C�]IZ�I 1► M t �I I
Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112,
SUBRECIPIENT 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 FUNDS, shall
serve as an 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 RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the
provision of the services SUBRECIPIENT shall provide with CDBG funds, 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 under the terms of this Agreement on the basis of religion and shall not
limit such services or give preference to applicants for such services on the basis of religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious
worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision
of the services in said program. The parties agree that this covenant is intended to and shall be construed for
the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with
applicable constitutional limitations respecting the establishment of religion as set forth in the establishment
clause under the First Amendment of the United States Constitution and Article I, Section 4 of the 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 funds may also be used for minor repairs to such property
which are directly related to the cost of rendering the services under said program, where the cost constitutes
in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said
program.
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 persons 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 CTTY: City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
60A-34
TO SUBRECIPIENT: Agency Contact
Contact Title
CITY AGENCY Department
20 Civic Center Plaza, M-25
Santa Ana, CA 92702
1IUMERMy C"I1.11 M I
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 HARMLESS
SUBRECIPIENT 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 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. SUBRECIPIENT 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 SUBRECIPIENT 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 insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted
arising out of 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
60A-35
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' Compensation. 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. Equipment Coverage. 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 under 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. REVERSION 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 CFR 570.208 until five (5) years after expiration of this Agreement, or for such longer
period of time as determined to be appropriate by CITY, or
2. If not used in accordance with subparagraph 1 above, SUBRECIPIENT shall pay to
CITY an amount equal to the current fair market value of the property less any portion of the value
attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such
payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired under the terms 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:
60A-36
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 CTTY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or more
may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by CTTY's share of federal funds used to acquire the equipment, in
accordance with 2 CFR 200.313(e)(2).
D. SUBRECIPIENT 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 CTTY 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 OF
ASSETS," and in paragraph "XB. 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 CTTY and/or HUD deems necessary for the responsibilities, duties and
obligations to be performed and completed to the satisfaction of CITY and HUD.
XII. TERMINATION
A. This Agreement maybe 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 of termination.
B. This Agreement maybe suspended or terminated by CITY upon five (5) days' written notice for
violation by SUBRECIPIENT 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 fulfill all or any
of its obligations hereunder, CTTY 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 SUBRECIPIENT, 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
60A-37
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 due to the non-performance of
SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or
failure to meet the performance standards and program goals set forth therein.
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 SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI.
REVERSION OF ASSETS" of this Agreement.
XM. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY
reserves the right to revise this Agreement in order to take account of actions affecting HUD program
funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget
of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to
commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent
funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a
cost category, with respect to funding for this Agreement, CrIY'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 CtrY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the operation of
this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention
to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions
made by CITY affect expenditures and legally binding -commitments made by 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 AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the use of Crl Y's CDBG funds by SUBRECIPIENT and contains all the
covenants and agreements between the parties with respect to such employment in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in
writing and signed by both CITY and SUBRECIPIENT.
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State of
California, and all applicable federal laws and regulations.
XVI. CLOSE-OUT
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343,
including the following:
ZI I •
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. VALIDITY AND SEVERABIIITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement. 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.
XVIIL WAIVER
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 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. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY
fully, including reasonable costs and attorney's fees, for any injuries or damages to CITY in the event that
such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
{Signatures on following page)
60N-39
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year
written below.
ATTEST:
DAISY GOMEZ
Acting Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
RECOMMENDED FOR APPROVAL:
STEVEN MENDOZA
Executive Director
Community Development Agency
CITY OF SANTA ANA
KRISTINE RIDGE
City Manager
SUBRECIPIENT:
NAME
Title
Tax ID: 00-0000000
DUNS#: 000000000
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60A-40
1010111-1110
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
NONPROFIT ORGANIZATION NAME FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement is hereby made and entered into this 1st day of July, 2020, by 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 Nonprofit Organization Name, a California nonprofit
corporation ("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-20-MC-06-0508, desires to enter into 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 is a private nonprofit corporation that has been selected by the CITY to
receive CDBG funds and administer such financial assistance; and to provide the services described in
Exhibit A, in accordance with the Schedule of Performance included therein, hereinafter referred to as "said
program". SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies
that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG
program's National Objectives (24 CFR Part 570.208).
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. SUBRECH'IENT'S OBLIGATIONS
A. Nonprofit Status -Representations and Warranties.
(a) Authority. SUBRECIPIENT is a duly organized and existing nonprofit corporation 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.
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1010111-1110
(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. SUBRECIPIENT is not the subject of any current or threatened 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. SUBRECIPIENT has no knowledge 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 or affect performance of the
Agreement or provision of services hereunder.
B. Amount of Grant/Tenn and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $00,000 ("CDBG FUNDS"), for the two-year term from July 1, 2020 through June
30, 2022 for the program named: XXXX. Such funds shall be expended by SUBRECIPIENT on or before
June 30, 2022. The Term of this Agreement maybe 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 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 SUBRECIPIENT, until such
documentation and reporting has been received and approved by CITY.
Funding for the second year of the term is subject to and contingent on the CITY receiving sufficient
CDBG FUNDS from HUD for the 2021-2022 CDBG program year. The CITY reserves the right to
reduce the amount of CDBG FUNDS to SUBRECIPIENT, or to completely terminate this Agreement, in
the CITY's sole discretion, if there is a reduction in CDBG FUNDS provided to the CITY for program
year 2021-2022.
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 years.
Amendments in the grant allocation will be made after consultation with SUBRECIPIENT.
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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 perform as required may, in
addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds CITY is
otherwise obligated to pay to SUBRECIPIENT hereunder.
D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30,
2022, 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. SUBRECIPIENT shall use all income received from said funds only for the
same purposes for which said funds may be expended pursuant to the terms and conditions of this
Agreement. SUBRECIPIENT has the ability to adjust line item amounts in the budget with the written
approval of the CrrY'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 10% will apply.
E. Licensing. 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 SUBRECIPIENT's operations hereunder. Such licensing
requirements include obtaining a City business license, as applicable.
F. Zoning. SUBRECIPIENT agrees that any facility/property used in fiartherance of said
program shall be specifically zoned and permitted for such use(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, 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) from 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 make all corrections required to bring the
facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure
to gain compliance within such time shall result in termination of grant funding hereunder.
G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this
Agreement shall be maintained in an account in a federally insured banking or savings and loan institution
with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements.
SUBRECIPIENT 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. SUBRECIPIENT agrees that if SUBRECIPIENT expends
Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an
annual audit conducted by a certified public accountant in accordance with the standards as set forth and
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published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY
with a copy of said audit by April 1 of the year following the program year in which this Agreement is
executed.
I. Record Kegping% op rting. 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 under the CDBG REGS, including the following:
(1) Records
a. Documentation evidencing program income requirements in conformity with 24 CFR
570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24 CFR 570.208(a)(2)(B) of the income level
of persons and/or families participating in or benefiting by the 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 CffY shall reasonably require or as required to be
maintained pursuant to the CDBG REGS.
(2) Re —I orts
a. Payment Request. Concurrently with the submittal of each quarterly report, on or before
the 15th day of October, January, April and July, SUBRECT ENT 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 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-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 such
documentation and reporting has been received and approved by CITY.
I Access to Records. CITY and the United States Government and their representatives or
auditors shall have access for purposes of monitoring, auditing, and examining SUBRECIPIENT's
activities and performance, to books, documents and papers, and the right to examine records of
SUBRECIPIENI"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
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/Required Length of Record Keeping. 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 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 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/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 CITY 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. Confidentiality. 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. 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.
O. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations
hereunder is rendered in its capacity as an independent contractor and that it is in no way an agency of CITY.
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P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG funds
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 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. Equipment. 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 "non -expendable personal property" shall include leased and purchased equipment.
R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use fiords
provided through this Agreement to pay for entertainment, meals or gifts, or other prohibited uses.
S. Lobbvine. SUBRECIPIENT 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 funds may be expended by the
recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or
attempting to influence an officer or employee of any agency, Member of Congress, or an officer or
employee of a Member of Congress in connection with awarding of any federal contract, the making of any
federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or
modification of any federal contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a
certification to that effect in a 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 under the terms and conditions of this Agreement.
If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan, or cooperative agreement, the undersigned 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 Interest. SUBRECIPIENT agrees that except for the use of CDBG funds to pay
salaries and other related administrative or personnel costs, no persons who exercise or have exercised
any function with respect to CDBG activities assisted under the terms of this Agreement, or who are in a
position to participate in a decision -making process or gain inside information with regard to such
activities, may obtain a financial interest or benefit from a 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, or the SUBRECIPIENT.
U. Labor Standards. The SUBRECIPIENT 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
T
Hours and Safety Standards Act (40 U.S.C. 327 et seq.) and all other applicable Federal, state and 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 5. The
SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage
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
j oumey 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 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 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 awarded to local 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 assistanceis provided. The SUBRECIPIENT
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 funds shall provide equal employment opportunities for minorities and women.
W. Ding Free Workplace. SUBRECIPIENT 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 et al.
SUBRECIPIENT 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 24 CFR 570. However, SUBRECIPIENT 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 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, women's business
enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a
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business that meets the criteria 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 of Funds. On July 1, 2020, the CITY was allocated $5,701,154for fiscal year 2020-
2021 from the United States Department of Housing and Urban Development ("HUD") Community
Development Block Grant ("CDBGEntitlement Program. Subject to the terms of this Agreement, and
contingent on CITY receiving at least the same amount of CDBG fiords from HUD for the 2021-2022
program year, CITY agrees to pay to SUBRECIPIENT when, if and to the extent federal funds are received a
sum not to exceed Dollars ($00,000) for SUBRECIPIENT'S performance in accordance with
the Budget attached hereto as "Exhibit B" during the two-year period of this Agreement. Payments shall be
made to SUBRECIPIENT' through the 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
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 will 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 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, fimction 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 SUBRECIPIENT against
goals and performance standards 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 goals 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-compliance with this
�• ' • I •
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
information 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 after 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.
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
SUBRECIPIENT setting forth the provisions of this nondiscrimination clause.
B. SUBRECIPIENT 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 program 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, SUBRECIPIENT 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. 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. SUBRECIPIENT 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.
Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200,112,
SUBRECIPIENT 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 FUNDS, shall
serve as an 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 RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the
provision of the services SUBRECIPIENT shall provide with CDBG funds, 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 under the terms of this Agreement on the basis of religion and shall not
limit such services or give preference to applicants for such services on the basis of religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious
worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision
of the services in said program. The parties agree that this covenant is intended to and shall be construed for
the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with
applicable constitutional limitations respecting the establishment of religion as set forth in the establishment
clause under the First Amendment of the United States Constitution and Article I, Section 4 of the 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 funds may also be used for minor repairs to such property
which are directly related to the cost of rendering the services under said program, where the cost constitutes
in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said
program.
VI. PROFIIBITION 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 persoris 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 CITY: City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
10
60A-50
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT: Organization Contact
Address Line 1
Address Line 2
Address Line 3
VM. ASSIGNABILM
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 SUBRECIPMNT pursuant to
this Agreement.
Ikl 19M 1111F.1RJA1111DX"
SUBRECIPIENT 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 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 wrongfiil 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. SUBRECIPIENT 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 SUBRECIPIENT 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 insured's; (2) be primary with respect to
insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of
insured's provisions; and (4) give to CITY prompt and timely notice of claim made or suit instituted
arising out of 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
11
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prior to the expiration of this Agreement
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' Compensation. 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. Equipment Coverage. 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 under this Agreement. SUBRECIPIENT understands that CITY will make no
payments under this Agreement until the required certificates and endorsements have been approved by
CITY.
XI. REVERSION 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 CTTY 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 appropriate by CITY, 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 the value
attributable to the expenditure of non-CDBG funds for acquisition of, or improvement to, the property. Such
payment is program income to CITY.
C. Subject to the obligations set forth herein, title to equipment acquired under the terms of this
Agreement will vest upon acquisition in SUBRECIPIENT. When said equipment which has been acquired
12
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in accordance with this Agreement and all applicable regulations is no longer needed for said program,
disposition of said equipment will be made as follows:
1. Items of equipment with a current per unit fair market value of less than $5,000.00
may be retained, sold or otherwise disposed of with no further obligation to CITY.
2. Items of equipment with a current fair market per unit value of $5,000.00 or more
may be retained or sold and CITY shall have the right to an amount calculated by multiplying the current
market value or proceeds from the sale by CITY's share of federal funds used to acquire the equipment, in
accordance with 2 CFR 200.313(e)(2).
D. SUBRECIPMNT 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 MY, 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 MY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENh" 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 MY and/or HUD deems necessary for the responsibilities, duties and
obligations to be performed and completed to the satisfaction of MY and HUD.
XIL TERMINATION
A. This Agreement maybe 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 of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for
violation by SUBRECIPIENT 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 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.
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60A-53
D. The grant of funds under this Agreement may be terminated for convenience by either the CITY
or SUBRECIPIENT, 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 be terminated. However, if in the case of a partial
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 due to the non-performance of
SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibits A and B or
failure to meet the performance standards and program goals set forth therein.
F. The grant of funds under this Agreement may be terminated due to the failure of the CITY to
receive sufficient or anticipated funding from HUD for the CDBG program for any year term subject to this
Agreement.
G. In the event this Agreement is terminated as set forth in subparagraphs XII.A. through XII.F.,
inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's demand and prior to any
adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with paragraph "XI.
REVERSION OF ASSETS" of this Agreement.
1ND —IM0tISIWV�iRK yOLUR1IX
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly, CITY
reserves the right to revise this Agreement in order to take account of actions affecting HUD program
funding. In the event of funding reduction, CITY may, in its sole and absolute discretion, reduce the budget
of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIENT's authority to
commit and spend funds, or may restrict SUBRECIPIENT's use of both its uncommitted and its unspent
funds. Where HUD has directed or requested CITY to implement a reduction in funding, in whole or as to a
cost category, with respect to funding for this Agreement, CITY's City Manager or delegate is authorized to
act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the
Agreement for such purposes. 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 up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention
to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions
made by CITY affect expenditures and legally binding commitments made by 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 AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between the
parties hereto with respect to the use of Crl Y's CDBG funds by SUBRECIPIENT and contains all the
covenants and agreements between the parties with respect to such employment in any manner whatsoever.
Each party to this Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not
embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in
writing and signed by both CITY and SUBRECIPIENT.
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1010111-1110
XV. LAWS GOVERNING THIS AGREEMENT
This Agreement shall be governed by and construed in accordance with the laws of the State of
California, and all applicable federal laws and regulations.
XVI. CLOSE-OUT
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in 2 CFR §200.343,
including the following:
1. SUBRECIFIENT 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
terns 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.
XVH. VALIDITY AND SEVERABILITY
The invalidity in whole or in part of any provision of this Agreement shall not void or affect the
validity of any other provision of this Agreement. 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.
XVIIL WAIVER
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 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.
15
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XIX. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the power, authority
and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY
My, including reasonable costs and attorney's fees, for any injuries or damages to MY in the event that
such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
(Signatures on followingpage]
16
60A-56
1010111-1110
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year
written below.
ATTEST:
CITY OF SANTA ANA
DAISY GOMEZ KRISTINE RIDGE
Clerk of the Council City Manager
APPROVED AS TO FORM:
CNIA 9 4Y AALHO
M
City
FOR APPROVAL: SUBRECIPIENT:
STEVEN MENDOZA
Executive Director
Community Development Agency
NAME
Title
Tax ID: 00-0000000
DUNS #: 000000000
17
60A-57
100111-11190
Memorandum of Understanding (MOU)
between
SUBRECIPIENT
and
The City of Santa Ana W/O/R/K Center
1. PARTIES: The parties to this Memorandum of Understanding (MOU) are Subrecipient
name ("Subrecipient") and the City of Santa Ana W/O/R/K Center ("Work Center").
2. PURPOSE: The Work Center, in conjunction with Subrecipient, endeavors to establish a
cooperative working relationship between the parties in order to provide program
beneficiaries with information about Work Center opportunities to find better jobs and
careers. The MOU serves to establish the framework for providing services to employees, job
seekers and others needing workforce services. The goal is to ensure that all program
beneficiaries have been provided an opportunity to connect with the Work Center and be
assisted with the tools and knowledge necessary to enter the workforce or obtain a higher -
paying job.
3. RESPONSIBILITIES:
A) The Work Center shall perform the following:
1) Accept referrals to the Work Center.
B) Subrecipient shall perform the following:
1) Provide Work Center information to participants and their families; and,
2) Refer participants in need of employment, training, or career counseling to the Work
Center utilizing the referral form attached hereto as Attachment 1 and incorporated
herein by reference.
4. DURATION: This MOU shall commence on July 1, 2020, and shall remain in effect
through June 30, 2022.
5. AMENDMENTS: Either party may propose amendments to this MOU at any time by
providing written notice to the other party. Amendments to this MOU shall require the
approval of the City Manager, or her/his designee ("City Manager"), on behalf of the Work
Center.
6. CONFIDENTIALITY: If Subrecipient receives information, which due to the nature of
such information is reasonably understood to be confidential and/or proprietary, such
information shall not be used or disclosed except in the performance of this MOU, and
Subrecipient agrees to exercise the same degree of care it uses to protect its own information
of like importance, but in no event less than reasonable care. "Confidential Information"
shall include all non-public information. Confidential information includes not only written
�. 1
101011I:1190
information, but also information transferred orally, visually, electronically, or by other
means. Confidential information disclosed to either party by any subsidiary and/or agent of
the other party is covered by this MOU. The foregoing obligations of non-use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly
available sources; (b) is, through no fault of Subrecipient disclosed in a publicly available
source; (c) is in rightful possession of Subrecipient without an obligation of confidentiality;
(d) is required to be disclosed by operation of law; or (e) is independently developed by
Subrecipient without reference to information disclosed by the City of Santa Ana.
7. ACCESSABILITY: Subrecipient will assure that its services and premises are accessible to
persons with disabilities pursuant to the requirements of the Americans with Disabilities Act.
8. HOLD HARMLESS CLAUSE: Each party to this MOU agrees to indemnify and hold
harmless the other parties, their officers, agents, employees, and volunteers from and against
any and all loss or damage, and from any and all suits, actions and claims filed or brought by
any person or persons arising out of acts or omissions of the party or its officers, agents,
employees or volunteers in the performance of this MOU.
9. DISPUTES: The parties shall first attempt to resolve all disputes informally. Any party
may call a meeting of all parties to discuss and resolve disputes. Should informal resolution
efforts fail, the dispute shall be referred to the City Manager to act as mediator, to attempt to
resolve the dispute by holding an informal hearing with presentations by both parties. If the
City Manager's resolution efforts fail, any party may file a grievance with the City Manager
for review and hearing. The parties agree to be bound by the final determination resulting
from that procedure. Each party to bear its own costs associated with any grievance
procedures.
10. DISCRIMINATION: Subrecipient shall not discriminate because of race, color, creed,
religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as
defined and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Subrecipient affirms that it is
an equal opportunity employer and shall comply with all applicable federal, state and local
laws and regulations.
11. SEVERABILITY: If any part of this MOU is found to be null and void, or is otherwise
stricken, the rest of this MOU shall remain in force.
12. JURISDICTION: Jurisdiction over any disputes arising under this MOU shall reside in
Orange County, California.
13. AUTHORITY AND SIGNATURES: The individuals signing this MOU or its attachments
have the authority to commit the parry they represent to the terms of this MOU, and do so
commit by signing.
60A-59
100111-11190
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding
the date and year first above written.
ATTEST:
DAISY GOMEZ
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City,Affq1nrry (�
City
RECOMMENDED FOR APPROVAL:
STEVEN MENDOZA
Executive Director
Community Development Agency
CITY OF SANTA ANA
a municipal corporation of the
State of California
KRISTINE RIDGE
City Manager
Subrecipient Name
XXXX
Executive Director
CARLOS DE LA RNA
Center Director
Santa Ana WORK Center
3
WNIMn:1111:6
SANTA ANA
W(ORK
CENTER
Referral Form
My Next Move
Whether you are looking for A JOB or to LEARN A NEW SKILL,
the WORK Center can help!
• Find a Job
• Upgrade Skills
• Get Career Counseling
• Access to Community Services
Attend the My Next Move Workshop and connect with us!
Workshops take place on Tuesdays at 9:30AM to 10:30AM
(English) and 2:OOPM to 3:OOPM (Spanish).
►5TIMM
Referring Organization:
Workshop Date:
Ir,
Santa Ana WORK Center ♦ 801 West Civic Center, Santa Ana, CA 92701
714-565-2600
ATTACHMENT
60A-61