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Clerk of the Council
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AGREEMENT TERMINATION FORM
Please complete this form in its entirety when the attached agreemen and all
amendments (if any) are no longer in effect.
Note: If your agreement is grant related, please ensure that all grant retention requirements
have been satisfied prior to signing the termination form. /
Is the agreement(s) a permanent record? Yes No ✓
Return form to the Clerk of the Council Office (M-30).
Call 647-1520 if you have any questions.
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No. A-2020-043-28 was completed on
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OF THE COUNCIL
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A-2020-043-28
91 b�%
MEMORANDUM or, UNDERSTANDING
BETWEEN TILE CITY or. SANTA ANA AND
0'(,Op(%)('DavO-F4aZS) PARKS, RECREATION AND coryimuNiTy SERVICES AGENCY
FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
Ims We=ftnciuM ot'Understanding is hereby made and entered into this 2.71, day of October, 2'020,
by and between the City of Santa Ana,!a charter city and immicipalcorporation organized and'ex
un&rtheConstittiriofi andlaws of the State of Callfirnia Recreation and Cptnuriius tyR A
RkYFALS:
-BCITY has applied f to. 0 the 1
or oftd.#qeivg4.bj)jjd tuods from I= �Ta* Title t
A �1 �r I nnA � :-,- h�l C— - , , . 'f -lousing, and:
D. SLJ13XtCJP1'HNT agrees that it Will qdbotc to the ppiformanop measuremeuts and outcomes as
indicated on Exhibit A (Schedule, of Perforniance), 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 far the City to recapture the grant ffindsawarded to stjBRECPM'NT pursuant to this
Agreement,
WHIREPORE, it is agreed by and between the parties that the foregoing Recitals aresubstantive, a.
part of this Agreement and the following terms and conditions are approved and together with all ciUbfts and
attachments hereto, shall constitute the entire Agreement between the CIY andSUBRECIJENT:
L SUBREcIPIENT'S OBLIGATIONS
A, RepreseWat (ons and Warranties.
(a) Authority, SUBRECIPIENT is in goad standing and Authorized to do business under the
laws of the State of California. SUBREOPIENT 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 S
U13RECIPMNT has been fully authorized by all requisite actions on the
pad of SUBRECIPTENT,
(b) E xPerleuce, SUBRECIPIENT is a qualified provider of the services to be provided
hereunder.
(c) Familiarity With Services Required. By executing this Agreement, STJBRECIPIENT
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 (ill) 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, SUBREC1PIENT'S execution,
deliveryand performance of its obi under thin Agreement will not constitute a default or a `breach
under any contract, agreement or order to which SUBRECTI'TNNT' ig a party of by which it is bound.
(e) No Bankeuptcy. SVBRECIPIENT is not the subject of any current or threatened bankruptcy
proceeding.
(fl No Pending Legal Proceediggs, SUBRECIPINNTis not the subject of a current Orr
threatened litigation that would or may materially affect SUBRECIPIENT'. perfarrianne under this
Agreement:
(g) Application Veracity,. All provisions of and information Provided in SUBRFC*MI�TaS
application for funning submitted to City including any exhibits are ,true and correct in all material'
Tespects.. - _..
(h) No Pending Investigation, SI BILECIPIEN`I' is not aware that it is the subject of any current
or threatened critrtinal of civil ac$ion investigation by any public agency, including without limitation a
police agency or prosecuting authority, that =would relate to alf•net performance of the Agreement Hof
provision of services hereunder,
u,�uuTcu cu , lne amount granted to
SUBRECIPMM is $350,000 CCDW PUNT IS" ), for fie term'of July ], 2020 through June 3o, 2022 for
Madison Park Restroom Repla0ruent I'roj ect, Such Rinds shall be expended by SUBRNCB'IENT on
or before June 30 2022. The Term of this Agreementnnay be extended by a writing executed by the City
fvlanager, or his ar her designee, and the CityAttomey. The Cibijo FUNDS shall be disbursed byCITY
to Si1BRhGPMNT 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 oval f 4 c of the condition
precedent of submittal .of complete repotting information due on or before July 15 of the applicable
funding year, as hereinafter more- fully set forth. SUBRECIPIENr 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
requtred documentation and reporting 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 fiords 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 heroin. SUlBRECIPIENT"S failure to perfortn as required may, in
addition to other remedies set forth in this Agreement, result hi readjustment of the amount of funds CITY is
otherwise obligated to pay to SUBRECIPIENT hereunder,
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D, Allowable Casts. SUBRECTPIENI' agrees to complete said program on or before June 30,
2022, and to use saidfundsto pay for necessary and seasonable costs allowable under thefederal law and
regulations to operate said program, Said artiounts shall include, but not be limited to, wages, administrative
costs, and employee benefits comparable to other similarly situated employees; and indirect costa, other
allowable program costs are detailed in the budget, as set forth, in "Exhiblt B " attached hereto and b: this
reference inoorporated herein. SUBRECIPMNT shalltrse all income received from said funds only f ir`the
same purposes for which said funds may be expended pursuant to the terms and conditions of this
Agreement- SUBREC IEls T has the ability to adjust line item amounts in the budget :with the written;
approval Of CMN Executive Ilirector of the Community Development Agency, or designee, so long as
the total budget atrimu t doles not increase.
Pursuant to 2 CVR §200.331.(a)(4), The indirect Cost Rate for the SU6RECIPM:NT's award shall
be M approved federally recognized indirect host. rate negotiated Tietween the'SUBRLCIPIEN f and the
Federal goyerrxment, or, if no such Irate exists, the de minimis iiidireet cost rate as defined in 2 c.Fit
§200;414 b) Indirect (F&A) costs
For this agreement, the de rninimis.indirect cost rate of 10% will apply.
E, Lrcensiflg, SUBRECIPIENT agrees to obtain and maintain all required llceuses,
regiatratibns. accreditation and inspections from, all agencies governing its operations. SUBRBCIP.iFNT
shall ensure That its staff:sliall also obtain and maintain all re
gtired ,licenses, registrar ans, accreditation and,
inspections from all :agencies governing 'SUBRPCIPIENT's operations hereunder, Sach licensing
requirements include obtaining a Citybusbvss license, as applicable.
F. Zonine, SUBRECIPIENT agrees that any facility/property used in furtherance of said
program shall, be specifically zoned and permitted for such use(a) and` activ3ty(iea), Should SUBRECIpIENT
fail to have the required land entitlement and/or permits, thus violating eny local, s At of federal rules and
regulations relating thereto, SUBRECIPIENT-shall immediately rnabe good -faith efforts to gain compliance
with local, state or federal rules and regulations following written notification of said violation(s) fiosn the
CI'fI{ or other authorized citing agency. 'SUBItECmIENf shall notify CITY immediately of any pending
violations. Failure to notify my of pending violations, or to remedy suchkaowti violation(s) shall result in
termination of grant funding hereunder. $UBRECIPB?NT 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 suchthne shall result in terminaiou of grant funduxe hereunder;
G. Separation of Accounts. All fluids receivedby "RECIPIENT from MY pursuant to this
Agreement shall be maintained in an account in a federalty insured banking or savings aucl 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 SUBRECIPMNT must be able to account for receipt, obligation and expenditure of CDBG
FUNDS pursuant to applicable 2 CFR 200302 requirements.
H. Audit Report Requirements. SUBRECIPIENT agrees that if SU13RECIPIENT 'expends
Seven Hundred Fifty Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an
annual audit conducted by a certified public accountant iri accordance with the standards as set forth and
published by the United States Office of Management and Budget; SUBRECIPIENT shall provide CHly
with a copy of said audit by April I of the year following the program year in which this Agreement is
executed.
1. Record KeeoinKeeoin ort . SUBRBCIPJENI' shall keep and maintain complete and
adequate records and reports on program participants to determine their initial and continuing eligibility for
the program .services being provided to assist CITY. in meeting mid artaintaining its record keeping
responsibilities under the"CD$G REdS, including the following:
(1) Records
a, Documentation evidencing program income requirements in conformity with 24 CM
570 504(b((2)(i), (H) and 24 CPR 5 0363(b)(3) and 24 CPR 5-10.208(a)(2)(B) of the income lever
of persons and/or families participating in or benefiting by the 5LIBRECIP03NTpragratn.
b. Docutrtentation of the number of persons and/or families participating in or benefiting
by the SUBRECIPIM program.
c. Hou8661d information shall include number of persons, identification of head of
household, mee ethnicity, and income von ification of all household members ages Is and over.
d. Documentation of all CDBG FUNDS recelved from CITYt
e, Documentation of expenses as identified in the Budget Proposal, mpluding evidence of
incurring the expense, invoices fur ,goods or services, copies of any and it11 contracts .ar
dooutnentatioapertaimng to costs for subcontractors, plus all other invoices and proof ofpaylnent for -
which CDBG FUNDS were expendedi 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 REDS:
(2) Ro ores.
a. Payment Request. Concurrently with the submittal of each quarterly report, on or before
the 15th day of 06tobor, January, April and July, SVBRECIPIENT shall submit'both: an. original
invoicefrcquest. for reimbursement and true copies of invoices, receipts, caneeled checks, `bank
statements, credit card statemcnts, 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. SUBRFCIPWNT Agrees to keep records of all ettrtiic and
racial statistics of persons and families benefited by SUBRECIPIENI' 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 SUBRECIPlENT, 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 exannuing SUBRECIPIENTs
activities and performance, to books, documents and: papers, and the right to examine records of
SUBREClPMNT`s subcontractors,, bookkeepers and accountants, employees and participants in regard to
4
said program. CITY and the United States Government and their representatives or auditors shall also
schedule 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,
of business i
ntnent under
rigs or litigat
.ement to W
the city of'Sarr a; Ana, Cali
incened by CrfY in cendr
maintained.
L, Compliance
being provided by CITY fot
ertpenditures of these funds
otherwise
local laws
irds/Req ' ed Length of Record K inz, All aoocutiftg records, reports;
costs, expenses and the COB( IJ JU DS of SUBRECIPIENT and all
Went shall be maintained and kept avollable at: SUBRECIPIBN'r,$ office
rtion of the Agreement and thereafter for five (9) years from the date of
;meat, Records which relate to (a).eore—laints, elairris; administrative
out of the performance of this Agreement, or (b) costs and expenses of
or any other govecnrhental agency fakes exception, shall be retained
complete resolution or disposition of such appeals, litigation cia im, or
;CrnIENT doeswnot make the above-refet'encen documents available within
r, $UBRECIPMNT agrees to pay all necessary and reasonable expenses
any audit at tire location where said records and books o£ aeCoutit are
K Debaiment. To pri
CITY may only conduct business r
award to any party which is deb:
Participation in Federal assistancep
See also 24 CER $70,609, SU8P
attached hereto and mcorporated I
without suspension by the Cali£orme
.Any change in the corporate status
CITY.
SUBnQl?MNI'
the public interest and 'ensure the
responsible persons and may not i
or suspended or is otherwise er
that
umod to CITY unless
th all federal, state and
Agreement.
Or
I IPIElyT must review and sign Exhibit C °°Debarment', which is
:rein by this reference. SUBRECIPME T shall be in good standing,
Secretary of State, Franchise Tax Board and Internal Revenue Service.
or suspetsion of SUERFCIPIENT shall be reported: immediately to
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. Flowever,
SUBRECIPIENT shall subunit to CITY and or HUD or its representatives, all records requested, including
audit, examinations, monitoring and verifications of reports submitted by SUBRFCIPIENT, costs incurred
and services rendered hereunder.
C. Indeoendent 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 St1BRECIPIENT
violates any of the terms and conditions of this Agreement or any prior Agreement whereby CDBG'fluids
were received by SU "CIPIENT, 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 SUBRECIPMW engaged in
fraudulent activity to obtain and/or justify expenditure of the CDBG funds granted hereunder,
SUBRECIPIENT shalt be requited to reimburse the CITY of all such funds that were obtaine4 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 Agreedtent. Said record shall he inatle available to CT.
upon request. The term: "norkxpendable porsonal property' shall include leased and purchased equipment
R. Prohibited Ugg, SUBRECiPIEAj'1' hereby certifies and agrees that it will not use hinds
provided through this Agreementto pay for entertainmen4 meals or, gilts, or other prohibited uses.
If any Ands other than Federal appmptiated 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 Henniker of
Congress, an officer or employee o£ 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
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 tc 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 adndnistrative or personnel costs, no persons who exeroise 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
activitios, may obtain a fmanaial interest or benefit from a CT)BG-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
etected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT,
U. Tabor Standards, 'Tho SUBRECIPIENT agrees to comply with the requirements of the
Secretary of Labor in accordancewith the Davis -Bacon Act as amended, the provisions of Contract Work
Flours 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 Baer Act (18 u,s,C,
874 et seq.) and its unplementing 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
residentia%l property containing less than eight j
of $20000,00 for construotiortr renovation or r
provided under this contract, shall comply writ
such contracts and with the applicable requirm
24 CFR Darts 1, 3, 5 and 7 governing the pa
by state or
any, to regl
full, in all
paragraph.
yment of the higher wage;
contracts suhjeot to such
V. Section 3 o€ tho
every effort:to provide trair
community where the constti;
greatest extent feasible as:req
Act of t468, the regulations
prior to the execution of this
the federal financial assistanc
to fulf ll these requirements
sanctions specified by the Aj
certifies and agrees that no a
requirements, SUBRECIPIE;
byCDBG funds shall provide
With respect to the rehabilitation or constniWim of
) units, all Contractors engaged tender contracts in excess
pair work financed in whole or in part with assistance
Federal requirements adopted by the C" pertairling'to
,nts of the regulations of the Department: of LaUor, finder
merit of wages and ratio of apprentices mud trainees to
her than: {hose required under the regulations are imposed
nded to relieve, the.SUBRECIPIEI4T of 1ts obligation, .%f
SUBRECIPIENT'shall cause or require to'bC inserted in
relations, provisions meeting the requirements of tbis
subject the SUB;
.at through Which
is
make
in the
Is funded wholly or in pact
women.
W, Drug Free Workplace: SUBRECIPIENT agrees to provide a drug -free work place and to
execute a ceitifiaation as set fortliin "ErdniUit E"attacheifhereto and.incorporated bereinbyth s reference.
X. Unifornl Arlministratiuo Reeu mments. Cost 1'rinainies, and Audit Requirement4 for Federal
Awards. The following requirotnents .and "standards must be complied with; 2 CPR, part 200 of at,
SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of
2 CPR, 200:31S-326.
Y. Subpart K of 24 CFR 570. SUBRECIPIENT will carry out its activities in compliance with the
requirements of Subpart K of 24 CPR 57Q, however sUBRECIpIENT does not assume the CITY's
environmental responsibilities or the responsibility for initiating the environmental review process under 24
CPR Part 52,
Z. Women- and Minority -Owned Businesses (W/MBEl SUBRECIPIENT will use its best
efforts to afford small businesses, minority business enterprises, and women's business enterprises the
maximum practicable opportunity to participate in the performance of this Agreement in accordance with
the requirements of.2 CPR 200.321 "Contracting with small and minority businesses) women's business
enterprises, and labor surplus area firms"; As used in this Agreement, 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 Obis 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 OBLIGAUgN
A. f ynrent of Funds. Oil Tuly 1, 2020, the CITY was
fium the United States Department of Housing and 17
rpment Hlock Grant ("CDBG"} Entitlement program. Crr
to the extent federal funds are received a Burn not to exceed'
s ($350,000) for SUSRECA'TBNi^S perEom�ance inaceol
At B" during the period of this Agreement. payments shall
CITY shall pay such invoicesfreimbursetttent requests wits
provided PITY is .satisfied that such expenses. have been incurred
provisions of this Agreement and that SUBRBCIPIENT is in comp
this Agreement. Failure t'o,provide any of the required doounteat
withhold all or a portiori.of a request for reimbursement; or. retur
S IBRECIPIENT, until such itocumentaffon and reporting has
Documentation may include, but is not limited to true copies of in
statements, credit card statements, procurement documentation foi
records, benefit statements, agrccments, contracts or documentattoi
and/or other documentation supporting and evidencing how the
during the Applicable quarter.
E
h The Budget attached hereto as
to S118RECIPIENT through the
Of
to
B. Audit of Account, CITY shall include an audit of the account maintained by
SUBRBOPMNT in CITY's annual audit of all'CDBG FUNIA in accordance. with Title 24 of the Code of
Federal Regulations and other applicable federal, laws And regulations;
C. Gommon Rule: Putsuant to 2 CFR 2001.=(a), the CITY manages the day -today gp'erat tins 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 assurecompliance with Federal
requhements: Such monitoring covers each program;function and activity and performance goals are
reviewed. periodically,
A 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 Morritorine: 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 SU73RECIPIENT 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 cSU13RECIPTENT 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
0
notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract
suspension or teiziunation procedures will be initiated.
III. NONDISLRIMINA ION
A. SUBRECIPIENT ag
performance of this Agreement
applicant for employment becsw
but not be limited to the foilowin
Of compensation, and selection
conspicuous places, available to
SU RECIPIENT sotting forth th
Executive Order 11246
agrees not to disorimu
ex, color or national ori;
that during the
s ofpayor other forrris
,3NT agrees to post in
to be provided by the
R SURRECIPIFNT agrees to comply With Title VI of. the Civil Bights. Act of 1964 which indicates
that no person shall, on the ground of race, color or national origin, be excluded from pait cipatian in, be
dented the benefits of, or be subject to discrimination under any program of ,activity receiving federal
fuandid assistance:
C, No person shall, on the grounds of race, sex, creed,'coloa, religion, hisrital status}: national origin
sexual orientation, or physical or mental haudicap be excluded from participation in be refused the
fits of,, or otherwise be subject to discrimination in any activities; programs or employment supported by
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 foliriwnig.
employment upgrading, demotion, or transfer, rates of pay or other forms of compensation; and selection for
training, htcluding apprenticeship. SUBRF IPMW 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 ago dscrimination clause:
E. SUBRECIPIENT agrees to 'c(mply with Section 504 of the Rehabilitation Act: of 1973 which
requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of
his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity receiving federal financial assistance or under any program or
activity conducted by any executive agency or by the United States Postal Service.
IV. CONFLICT OF' MTEREI ST
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 CI)BG monies granted to the Cny, 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 incorporatedas a pall hereof. Notice shall be sent by SUBRECIPIENT to
CITY regarding any changes or modifications to its board of directorsond list of officers.
V. SPECIAL CERTIFICATION FORRELIGIOUS IGIOUS ENTITIES
If "RECIPIENT 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. "RECIPIENT shall not discriminate against any employee or applicant foremploymenton
the basis of religion and "I not limit employment or give preference in employment to persons on the basis
ofreligion.
B. SUBRECIPIENT shall not discriminate against .any person applying far the. services
SUBRECIPILNT agrees to provide under the terms of this Agreement on the basis of religion and shall not
limit such services or give prefeerenco to applicants for such services on thebasis of religlori
D, The portion of a facility used to provide public services assisted in whole or in Partunder.thfs
Agreement shall contain no sectarian or religious symbols.
E, 'Where the services to be provided under said program am rendered on property owned by the
pthinarily religious entity SUBRBCTPIlt, CDBG funds may also be used for minor repairs to such property
which are directly related to the cost of rendering the services under saidprogram, where the cost,constitutes
in dollar terms only an incidental portion of the CDBG expenditure for rendering the services under said
program:
VI, FtROIEIBITION. OF NEPOTISM
SUBRECIPTENT agrees not to lure or permit the hiring of any person to fill A position funded
through this :Agreement if a member of that person's immediate family is employed in an administrative
capacity by SUBUCIPIENT. For the purposes of this section, the term "immediate fstnity" 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; biring, supervisor or management responsibilities.
VII: NOTIC)S
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage
prepaid, and addressed as follows:
TO CTPY: City of Santa. Ana
Community Development Agency (NI-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 9.2702-1988
10
TO SUBRECIPIENT: Lisa Rudloff
Executive Director
Parks, Recreation and Community Services Agency
20 Civic Center Plaza
Santa Ana, 04k92702
VM. ASSIGNABILITY
None of the duties oi� or work to be performed by, $UBRECIPIENT under this Agreement shall be
subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY,
$LJBILECIPILN'1' must submit all subcontracts'and other agreements drat relate to this Agreement to CITY.
:.
No subconfraet or assignment 'shall terminate or alter the legal obligations of SUBRECIPfE+l+j'I' pursuant to
this Agreement,
It T[(iLDRAitMLESS
and -save hamess CITY,.
:omper>sation claims and inch
tiug from or arising out of the
s, directors, employees, agents,
this Agreement,
7f, INSURANCE
or
I. Commercial General Liability, SUBRECIPIENT agrees to obtain and keep in force
during the term of this Agreement a policy of comprehensive corm
tercial public liability insurance
insuring the CITY, and SUBRECIPIENT against any liability for accident, injury or death arising out of
or in couscquence of this Agreement. Such insurance -shall be in an amount not less than one Ntillioii
Dollars ($1;000,000,00)for any injury to or death of any person or personsin any single aceWcat or
occurrence, Said policy of comprehensive liability insurance shall be endorsed to provide to CI]?Y at
least thirty (10) days written notice prior to cancellation; dame 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 insureds; (2) be primary with respect to
insurance or self-insurance programs maintained by the CAy (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 SUBRBCIPIENT's operations hereunder.
(b) SU13RECIPIENT 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) replacesuch certificates for policies expiring
prior to the expiration of this Agreement
11
1 Automobile Liability Coverage SUBRECIPIENT shall also obtain and maintain, during
the effective period of this Agreement, broad form automobile liability coverage with a $1,001O,OQO linut
unless reduced by CITY, which applies to both owned/leased and non -owned automobiles used by
SUBRBCIPIENT employees or participants in performance of this Agreement, or, in the event that
SUBRECIPTENT will not utilize such owned/leased automobiles but intends to require employees,
participants or other agents 'to utilize their own automobiles in the Eerfotmance of this Agreement,
SV)3RECIPIENT shall secure and maintain on file from all such employees, participants, or agents as
self -certification of automobile insurance Coverage. Governmental entities way provide proof of self-
insurance:
3. Workers' Compensation, I£SLTBREC]PtLtW is an "employer'; as set forth in California,
Labor Code Section 3NO et seq., or utilizes participants as employees," as set £Drill in California Laliar
Cade Section 3350 et seq., SUBI CIPIENi shall otttato and keep is force during the term of this
Agreement full Workers' Compensation insUmnee coverage for injuries suffered by participants "Said
ins policy shall guarantee CITY at least thirty (30) days written notice of cancellation or
modification.
4. Equipment Coverage. SUElRECOWNT shall purchase a policy or policies of insurance
covering loss or damage to any and AD Equipment provided to or purchased by SUBItECIPTENT in
accordance with this Agreement. Said ingn sncc shall be. in the amount of tea full replacement value
thereof, providing proteotion against the classification of fire, extendcd coVetage, vandalism, malicious
mischief,, theft, and special extended perils: Governmental entities may substitute a editifieate of self
insurance:
5, proof of Insurance. Certificates and endorsements must be submitted and approved by
MY 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.;
$L REVERSION OF ASSI TS
A. Upon ibe expiration of this Agreemeut, 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 atlrihutahle
to the use of CDBG funds. [24 CFR 570.503(b)(7)}
B. Any real property under SUB1tECiPIENT'a control that was acquired or improved in whole or m
part with CDI3G 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 hi 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, SVBRECIPIENT shall pay to
CM 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:
12
1. ltems of equipment with a current per unit fair market value of less than $5,000.00
maybe retained, sold or otherwise disposed of with no fiirther obligation to CITY,
2. Items of equipment 0
may be retained or sold and CTPY shall have
market value or proceeds from the sale by CI'
accordance,With 2 CFR 200.313(c)(2).
D, SUBi2ECIPWNT hereby agrees,
deliver, or cause any person or entity who may
histmmeat of agreement executed in furtherance
execute; aoknowledge: and deliver; to CITY a
the
SUBAECIPIENT's
S't and in mraQrar
XU. TERIVTINATION
A current fair market per unit value of $5,000.00 or more
right to an amount calculated by multiplying the current,
+ share of federal funds used to acquire Clio equipment, in
on the demand of CITY, to execute, acknowledge and
or, `anv.tsrevious ser
completed to the
-and
such
to
M
"XI; REVEASICN OF
utg to prograri income
A. This Agreement may, be, terminated on thirty (30) days' written notice by either party. In the
event of such termination, SiBRECTPIE qT shall only be entitled to reimbursement for approved expenses
incurred to the effective of termination.
B. This Agreement maybe suspended or terminated by CITY upon five'(5) days' written notice For
violation by SUBRLCIL'IENT of Federal Laws governing the use of Community Devclopment Block Grant
Funds. hi the event of such suspension or termination, SUBRECIPIENT shall only be entitled to
reimbursement for approved expenses incutxed up to the effective date ofsuspension or termination,
C, Pursuant to 2 CFR 200340, in the event SUBRECIPI> ANT 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 he 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, MY 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 setvices not subsequently performed in a timely and
satisfactory manner, And (2) costs incurred by CITY in obtaining substitute pelf-ormance.
D. The grant of funds under this Agreement may 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
13
termination, the CITY determines that the remaining portion of the award will not accomplish the purpose for
with the awardwas: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
SU13RECIPBINT and/or failure of SUBRECIPENTfo perform the work described in Extdbita A id B or
failureto meet the performance standards andProgramgoals set forth thercin.
F. In the event this Agreement Is termhnated as set forth in sub 7 It.A, tltrough XTI.E:,.
inclusive, SUBREr IPIENT agrees to immediately return to CITY upon CITY's demand and prior to any
adludtcatton'of SUBRECIFIENTs rights, any and all funds not used, and to comply With paragraph "XI..
EMIRSION OF ASSETS" of this Agreement,
Imo: LIriiTTATIOI�l'OF FUNDS
The <United States of America, through H-, bray in the faft re place pmgmmmatie or fiscal
limitations on the use of CD13G funds Wh1.ich limitations are root presently anticipated. Acnordirtgly, CITY
reserves the right to revise this Agreement in order to take account of actions af%cting I'mpta$ratd
fiutding, In the event of fundhng reduction, CITY Wray,. in, its, sole and absolute tliserethmi reduce the budget
,of this Agreement as a whole or as to costs category, may limit the rate of SUBRECIPIEN T o a4tharity to
commit and spend funds, or may restchct SU-Ml IPIEMVS use of both its woomuriittecT and its unspent
funds. Where MIJ has directed Orregrested CITY to implement at eductionin funding, in whalq m� mMona
cost category, with. respect to fiuxduig for this AgrOcnient, asCXFY's City lvlanager or dolegate is authorized to
act for CITY' in implementing and effecting such a reduction and in revising, modhfying, or amending the
.Agreement for such purposes, If such a reduction iu,funding occurs, SVBRECIPIENT shall be permitted to
de•scope accordingly, Where CITY hag reasonable grounds to question SUBRECIPIRWIR fqai
this Agreement for up to sixty(60) days upon five (.5)days written notice to SUBRECIPiE q ofhs 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 comrnittnents made by SUBRECIPIENT -before it
received notice of`such revision, provided that such amounts haVe, been committed in good faith acid are
otherwise allowable and that such cotomments are consistent with il>M cash: withdrawal gr idelines,
YN. CXCLUSTVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and :ail other agreements, either oral or in writing, between the
parties hereto with respect to the use of c'n-Ps CDi3G frnds by SUBRECMNT and contains all the
covenants and agreements between the parties with respect to such employment in any manner whatsoever.
Each party to this Agreerectrt acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any patty, which arc not
embodied herein, and that no other agreement or amendment hereto shall be effective artless 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 acid regulations;
XVI. CLOSE-QUi
The SUBRECIPIENT agrees to comply with the closeout procedures detailed in Z CFR §240.343,
including the following:
14
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 ligrudate all
obligations incurred under the Federal award not later than ninety (9p) calendar days after the
end date of the period of performance as: specified in the terms and conditions of the Federal
award,
3., SUERECIPIENT must promptly refund any balances of'unobligated cash that: the
CITY paid in advance or paid and that is not authorized to tse retained by SUBRECRIEl T for
Use in other projects (See t1NB Circular A-129 and2,CPR §200.345);
4, SUBRECIYIENT must .account for any real and. personal property acquired with
Federal funds or received from the Federal government in accordance with 2 CFR. §§200,3X0-
200316 and-200.329i and,.,-
5, The CITY should complete all closeout actions for tho Fedord award no later than one
year after receipt and acceptance of all required final reports.
XVIt. VALIDITY AND SEVERABILITY
The invalidity in whole or' n part of any provision- of this Agreement shall not void or affect the
Validity of any other provisiort 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 AGREEMb ,N'r is hold to be prohibited by or invalid under
applicable -law, such provision shall be, inefFectivc only to the extent of such prohibition or
invalidity, without invalidating the remainder of such provisions of this AGREEMENT,
XVIII. 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 terras 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, acid shall indemnify CITY
fillty, 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 byte signatory or is withdrawn.
b, All Exhibits and Attachments referenced herein andattached hereto "the incorporated as if
fully set forth in the body of this Agreement.
(Slgnatuees on foltowingpcage)
15
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 G Z SKRf TINE�RIDGE
Clerk of th Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
41'I
By: R 04 HODGE
Assistant'City Attorney
RECOMMENDED FOR APPROVAL: SUBRECIPIENT:
STEVENMENDOZA L A LOFF
Executive Director Executive Director
Community Development Agency Tax ID: 95-6000785
DUNS#: 083153247
fro
�"
ii
City of Santa Ana CDBG Scope of Work
Program Year 2020-2021 (July 1, 2020 - June 30, 2021)
Name of Organization Cit of Santa Ana parks Recreation and Community Services A enc
Name of Funded Program Madison Park FRestroom
Annual Accomplishment Goal
1 T TAI.+�
Program and Funding Description
..��__. .......,. .., a ag,,..... , am . «cauuvul lfepraGenlent rrolect (-proposed Project" or "project"
is located at 1528 South Standard Avenue it, the City of Santa Aria (City) in Orange County,
California 92767, Figure I illustrates the general location of the project site in the region and Figrae 2
shows the location of the project site in die eonnnunity and smTOunding cues.
Figure 3 includes a site plan, which Fiepieta the general location of the existing restrocrn facility within
the approximately & I -acre neighborhtood park. flee Appendix A for Figures '1, 2, and 3.
Description of the Proposed Project [24 CFR 50.12 & 53.32; 40 CFR 150&25]:
The proposed project involves demolition and replacement of an existing restroom buildhhg within
Madison Park. The new, prefabricated, and ADA-compliant restroorn facility would be relocated to
a central location within thepark in order to promote visibility and prevent criminal activity, The
existing resuoonl building would be domotished once the replacement facility has been constructed
and is fully operational,
EXHIBIT A
FISCAL YEAR 2020.2021
PROGRAM BUDGET
Organization Name City of Santa Ana Parks Recreation and Communit Services Agency
Program Name Madison Park Restroom
EXPENDITURES
Enter hudopt eatponriac a,nd nrn[Aefart Fn.'6. ...,.....,,._..A
Category
Administrative Staff salaries
Expenditures
Fundgd By
Santa Ana
CDBG
0
Expenditures
Funded By
Otheesources
program
Budget
$0
`Total
Organization
Budget
Pro ram Staff Salaries
$0
0
Contractual/Professional Services
$0
$0
Construction _
$250,000
$250,000
Desi n
$37,500
37 500
.
Construction Engineering
37,500
$3 500
Conti ency
$2$,A00
25,00A
$O
$D
$0
$0
$0
$0
TOTAL Direct Costs
Indirect Costs 10%
$350,000
$0
$350 000
$p
$0
TOTAL. BUDGET
$3500000
$Q
�3s0,a0o
$d
* Indirect cost rate: 10% Non -Federal entity without federaly recognized negotiated indirect
cost rate, will charge a de minimis rate of 10% of modified total direct
costs.
PROGRAM RESOURCES
LISTALL OTHER PROGRAM RESOURCES FOR 2020-2021
Funding Source Total must equal Program Budget Total
EXHIBIT 6
2020,2021 CDBG BUDGET LINE ITEMS
Title
CONTRACTUAL/PROPPSWINAI SFRvirrc
Type of Service
Contract
Amount
CDBG Fundy
Requested
Description
OTHER LINE ITEMS
Line Item
Program
Amount
CDBG Funds'
Requested
Descri #Ion
Construction
$ 2S0 000
$ 250,000
Construction �n ineering
$ 37,500
$ 37,500
Design
$ $7,500
$ 37 S00
ContLgency
$ 25,000
$ 25,000
$ 350,000
EXHIBIT B-1
Certification Regarding
Debarment, Suspension, lneligibility and Voluntary Exclusion
Lower Tier Covered Transactions
This certification is required by the regtdations implementing Executive Order 12549, Debarment and
Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published
as Part VII of the May 26, 1988 Federal Register (pages 19160-19211).
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION -
Attached)
(1) The prospective recipient of federal assistance funds certifies, by submission of this proposal, that
neither it nor its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal department or
agency.
(2) Where the prospective recipient of federal assistance funds is unable to certify to any of the
statements in this certification, such prospective participant shall attach an explanation to this
proposal.
Lisa Rudloff, Executive Director
Name and Title of Authorized Representative
' \�Z wit 11/18/20
Uare
EXHIBIT C
Page 1 of 2
INSTRUCTIONS FOR CERTMCATION
1. By signing and submitting this proposal, the prospective recipient of federal assistance fiends is
providing the certification as set out below,
2. The Certification in this clause is a material representation of fact upon which reliance was placed
when this transaction was. entered Into, if it is later determined that the prospective recipient of
fedetal assistance ftmds k owiriglyrendered an erroneous certification, in addition to other ri triedies,
available to the. Federal 0ovemment, the Department of Labor (DQL) may pursue avallahic
remedies, including suspension andAY debarment,
3, The prospective recipient of federal assistauee funds shall provide immediate written notice to the
parson to wtuoft this proposal is submitted if :at any time the prospective recipient of federal
assistance funds learns that its certification was et� owus when submitted or boas becom6 en�oneo is
by reason of changed circumstances.
4. The -terns "covered transaction." "debarred;" "suspended," ",ineligible,° "tower tier code Cci
transaction ' "pardoiptnrt" "person," "primary covered transaction "`principal; "proposal,' anal
"yoluntaxily oxcluded," as used in this otause,'have, the ttieaiun$s :act out in rile t3efinitions And
Coverage sections of -rules implementing Executive Order 12549, You may, puattiat the person to
whiolz'this proposal is submitted forass stance in obtaining a copy -of those regulations.
5, The prospective recipient of federal assistance funds agrees by submitting this proposal that, should
the proposed covered transaction be entered into; it shall not knowingly enter into any lower tier
Covered transaction with a _Person Who is debarred, suspended, declared ineligible, or voloritarily
exelucle 1 front patticipatioir nt tiles Covered transaction, unless authbr`i�ed by tier T7QL..
6. Thy ptospective recipient of federal assistance fiinds fruther agrees by submitting this proposal that
it will uiclttde the ckanso titled "Cortif4cation Regarding Debarment, Suspension, hieligibility-and
voluntarY exclusion - Lovvor 'Tier Covered Transactions," -without modifioation;, in all lower tier_
covered transactions and in all solicitations lot lower tier eovered transactions;
A participant in s covered transaction may rely upon a certification of a prospective participant in a
Power tier covered trait action that it is not dcbarrod, suspended, ineligible, or voluntarily excluded
fiom the covered transaction, unless it knows that the certification is erroneous. A participant may
decide the method and frequency by which it determines the eligibility of its principals. Each
participant may, but is not required to check the List be par ties Excluded from Procrugement of Nan-
Promment Proaaams,
8. Nothing contained in the foregoing shall be construed to require establishment of a system of
records in order to render in good faith the certification required bythis clause. The knowledge and
information of a participations not required to exceed that which is normallypossessed by a prudent
person in the ordinary course of business dealings.
9. Except £or transactions authorized under paragraph S of these inst4ltetions, if a participant in a
covered transaction knowingly enters into a lower tier covered transaction with a parson who is
suspended, debarred, ineligible, or voluntarily excluded li-oin participation in this transaction, in
addition to other remedies available to the Federal Goveniment, the DOL may pursue available
remedies, including suspension and/or debarment.
EXHIBIT C
Page 2. of 2
Certification Regarding Lobhving
Certification for Contracts rants Loans rind Cooperative e Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attemptuag to influence an otTicer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the makuag of any cooperative agreement, and the extension, continuation,
renewal, amendment. or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) if any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee orany
agency, a Member of Congress, an officer or employee orcougress, or an employee or a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Fomi-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for at[ subawards at ail tiers (including subcontract, sub. -rants, and
contracts Under grants, Imuls, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a.material representation of fact upon which reliance was placed
when this transactionwas made or entered into. Submission orthis certification is a
prerequisite for making or entering into this transaction imposed by Section 1352.Title
31, U. S. Coda Any person who fails to file the required certification shall be subject to
a civil penalty of not less than S 10,000 and not more than $100,000 for each such failure.
City of Santa Ana
Grantee%Contactor organization Program Title
Lisa Rudloff \
11/18/20
Nana of Certifying Officer Signature Date
E\NIBTT D
Page 1 41
SIMECIPIENT warrants the following:
] , 506"CIPIENT will comply with Public LaW 88-3 $2, Title VI of the Civil Rights
Act of 1564 (4 U, S. C, section 2000 et seq,), and impletncnting regulation in 24 0PR
part 1.
2, 'IVa Berson iri the United States shall on the..grnond of race, color; religion national
origiF, or sex:'lie excluded lx�m partc`ipadon in, tar be denied tho henelits of, or be
subjected to disciitnination under any program or activityfunde.d is whole or impart with
community development hands made available pursuant `to the ACT.
4. SITI3Pv fC PitjqT will o0mply Wttth all Federal statutes itpplicable to proIects Fuhded
with community development funds, except that (a} SUBItI C[PPIEN T does not �Sstupe
CITY`S environmental responsibilities described at 24 [;'Tlt 5X604; and (b)'
SUBRECIPIENT does not asstune CITX'S responsibility for initiating the review process
under, Executive Order 12M.
EXHIBIT D
Page of 2
Certification Reaarding Drug -Free Workplace Rectuirements
The certification set out below Is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Develop ant in a p P , warding the grant, If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, I the US,
Department of Housing and Urban Develop I ment, to addition to I any other remedies
available to the Federal Government, may take action allthoti ad un
der rider the Drug Fees
Workplace Act.
9940GAT
A. the contractor certifies that it will provide 1 &ug-fred workplace by:
(a) Publishing a statement hollf,
distribution, dispensing, posi
prohibited In the contractor's
be taken against employees
is
(b) Establishing a drug-freelawareness program W Inform employees -about
(1)
The dangers of (
,(Z)
The contractor's
(3)
Any available dri
assistance progr
(4)
The penalties IN
violations occurr
abuse In the workplace;
and
be imposed upon employees for drug attune
ie workplace;
(c) Making ita requirement that each employee who
engaged in the
perforrPah,ce of the grant be given -a copy of the statement required by
paragraph (a)fi,
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition Of employment under the contract, the employee will -
(1 Abide by the terms of the statement, and
(2) Notify the employer of any criminal drug statute conviction fora
Violation occurring h liI the workplace no later than five days: after
such conviction,
(e) Notifying the U.S. Department of Housing and Urban Development,within
ten days after receiving notice under subparagraph (d)(2) from On
employee or otherwise receiving actual notice
I c e of such conviction;
EXHIBIT E
Page 1 of 3
(f) Taking one of the following actions, within 30 days of receiving notice
under subparagraph (d)(2), with respect to any employee who is so
convicted -
( 1) Taking appropriate personnel action against such an employee, up
to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug
abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, taw enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f),
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to,use such additional sites by submitting a revised "Place of
Performance" form.
City of Santa ana
Organization
e 11/18/20
th ized Signature Date
EXHIBIT E
Page 2 of 3
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name:
Date:
The Contractor shall insert In the space provided below the site(s) expected to be Used
for the performance of work under I the contract covored by the,certification;'
Place of Performance (include street address, city, county, state,,zip code for each site)-
...
EXHIBIT E
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