HomeMy WebLinkAboutFAIR HOUSING COUNCIL OF ORANGE COUNTY - CDBG 2014-15ENSURANCE UN FILL
WORK MAY PROCECIJ
toUNTIL INSURANCE [:XPIRf:.'
CLERK OF COUNCIL l L(
7/2014
A-2014-276.01
y� DAVE AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
ORANGE COUNTY FAIR HOUSING COUNCIL, INC. FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
This Agreement, is hereby made and entered into this 1st day of July, 2014, by and between the City
of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and
U laws of the State of California ("CITY") and Orange County Fair Housing Council, Inc., a California
nonprofit corporation ("SUBRECIPIENT").
t 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") Program, desires to enter
U1 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 BUD 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-1 (Outcome Tracking). 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:
L SUBRECIPIENT'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.
(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
7/2014
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 Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $69,300 ("CDBG FUNDS"), and such funds shall be expended by SUBRECIPIENT
on or before June 30, 2015. 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 tern, 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 SUBRECIPIENT hereunder.
D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before June 30,
2015 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
2
7/2014
costs, and employee benefits comparable to other similarly situated employees, 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 farads 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 CITY's Executive
Director of the Community Development Agency or designee, so long as the total budget amount does not
increase.
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 furtherance of said
program shall be specifically zoned and pemutted 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 OMB Circular A-110 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 OMB Circular A-110 requirements.
H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends
Five Hundred Thousand Dollars ($500,000.00) or more in federal funds, SUBRECIPIENT shall have an
annual audit conducted by a certified public accountant in accordance with the standards as set forth and
published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY
with a copy of said audit by April 1 of the year following the program year in which this Agreement is
executed.
L Record KeepingLporting. 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.
7/2014
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 member 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/or their representatives
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 said program.
CITY and the United States Government and/or their representatives 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
4
7/2014
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 I M 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
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.
5
7/2m4
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. Lobby . 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 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
6
7/2014
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 for Non -Governmental Subrecipients/Non-Profits The
following requirements and standards must be complied with: OMB Circular A-122 "Cost Principles for
Non -Profit Organizations" or OMB Circular A-21 "Cost Principles for Educational Institutions", as
applicable; 24 CFR Part 84, "Grants and Agreements with Institutions of Higher Education, Hospitals,
and Other Non -Profit Organizations," as modified by 24 CPR 570.502(b); and, OMB Circular A-133,
"Audits of States, Local Governments and Non -Profit Organizations". SUBRECIPIENT shall procure all
materials, property, or services in accordance with the requirements of 24 CFR 84.40-48.
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. 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 -heritage Americans, Asian -Americans, and American Indians.
SUBRECEPIENT may rely on written representations by businesses regarding their status as minority and
female business enterprises in lieu of an independent investigation.
7/2014
II. CITY'S OBLIGATIONS
A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall pay to
SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for CITY's 2014-2015
CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year
2014-2015 pursuant to this Agreement up to a maximum aggregate payment of SIXTY-SEVEN
THOUSAND FIVE H[.JNDRED SEVENTEEN Dollars ($67,517) in installments determined by CITY.
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 CFR 85.40(a), the CITY manages the day-to-day operations of each
grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements
and monitors grant and subgrant supported activities to assure compliance with Federal requirements. Such
monitoring covers each program function and activity and performance goals are reviewed periodically.
D. Environmental Review: In accordance with 24 CFR 58, the CITY is responsible for
undertaking environmental review and maintaining environmental review records for each applicable
project.
E. Performance Monitoring: CITY shall monitor the performance of 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
notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract
suspension or termination procedures will be initiated.
III. NONDISCRIMINATION
v2014
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
IV. CONFLICT OF INTEREST
Pursuant to the conflict of interest requirements set forth in 24 CFR 576.57 and OMB Circulars 1-
102 and A-110, 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):
9
7/2014
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
SUBRECIPfENT 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. PRORMITION OF NEPOTISM
SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded
through this Agreement if a member of that person's immediate family is employed in an administrative
capacity by SUBRECIPIENT. For the purposes of this section, the term "immediate family" means spouse,
child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law,
daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity"
means having selection, hiring, supervisor or management responsibilities.
VII. NOTICES
Notices to the parties shall, unless otherwise requested in writing, be sent by U.S. Mail, postage
prepaid, and addressed as follows:
TO CITY: City of Santa Ana
Community Development Agency (M-25)
20 Civic Center Plaza
P.O. Box 1988
Santa Ana, California 92702-1988
TO SUBRECIPIENT: David Levy
Orange County Fair Housing Council, Inc.
201 S. Broadway
10
7/2014
Santa Ana, CA 92701-5633
VIH. ASSIGNABILITY
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.
IBC. 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 State of California, 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
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
11
712014
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 fall 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 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:
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.
12
7/2014
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 24 CFR 85.32(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 CITY is or may be
entitled, either for its own account or as fiduciary or trustee for others, which were obtained for the purpose of
the performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by SUBRECIPIENT on
behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI. REVERSION OF
ASSETS," and in paragraph "XII. TERMINATION" and other requirements pertaining to program income
shall not be affected by the termination of this Agreement and shall survive the date of termination of this
Agreement for such period of time as CITY and/or HUD deems necessary for the responsibilities, duties and
obligations to be performed and completed to the satisfaction of CITY and HUD.
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the
event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses
incurred to the effective date 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 24 CFR 85.43, 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.
D. The grant of funds under this Agreement may be terminated for convenience in accordance
with 24 CFR 85.44.
1B3
7/2014
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, 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 CITY's CDBG funds by SUBRECIPIENT and contains all the
covenants and agreements between the parties with respect to such employment in any manner whatsoever.
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's obligation to the CITY shall not end until all close-out requirements are
completed. Activities during this close-out period shall include, but are not limited to: making final
payments; submitting final invoice(s), report(s), in accordance with this AGREEMENT, and
documentation; disposing of program assets (including the return to the CITY of all unused materials and
14
7t2ota
equipment); remitting any receivable accounts to the CITY and determining the custodianship of records.
The 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.
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.
XVIR. 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 followingpage)
15
7/2014
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and year
written below.
ATTEST:
CITY OF SANTA ANA
MARIA D. HUIZAR DAVID AV
Clerk of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: LISA E. STORCK
Assistant City Attorney
16
SUBRECH'IENT:
Narr}e! Dem . Cato
Title: CExecutive Officer
Tax ID: 93 2538829
City of Santa Ana
Scope of Work
Name of Organization
Name of Funded Program
Annual Accomplishment Goal
I. Total number of unduplicated households (Santa Ana and Non -Santa Ana households) anticipated to be served by
the funded program, named above, during the 12-month contract period.
850 Households
II. Number of ONLY unduplicated Santa Ana households to be served by the funded program, named above, during
the 12-month contract period.
8501 Households
Program and Funding Description
III. Description of Work - In the space below, describe the program to be funded during the 12-month contract period.
What specific activities will be undertaken during the contract period. Please be concise in your response. Only the
viewable space will print.
A. FAIR HOUSING COMPLIANCE: -Respond to 10 or more allegations of discrimination resulting in a case file. Wewill
address all allegations of housing discrimination made by current or potential Santa Ana households. If investigation supports
allegations or where evidence of continuing unlawful discrimination warrants additional action, we involve administrative
enforcement agencies and/or legal counsel.
B. COMMUNITY EDUCATION: - Involvement in at least 8 Santa Ana events reaching over 120 heads of households;
distribute about 700 information packets; offer a poster/essay contest within elementary schools. Hold 2 landlord workshops
and 4 tenant workshops in English and Spanish. Conduct presentation on landlord -tenant and fair housing laws. Provide
training and technical assistance of City staff, as well as to real estate agents, lenders, apartment managers/owners, and other
housing industry professionals.
C. LANDLORD/TENANT COUNSELING: Handle about 870 requests for service, from about 820 unduplicated households,
addressing about 2,240 inquiries, disputes or issues. Most discrimination occurs within the landlord/tenant relationship, so this
activity is important in facilitating our agency's primary goal. About 30% of the investigative caseload originates from
landlord/tenant contacts. We assist people in resolving questions and avoiding disputes over evictions, deposit returns,
substandard conditions, and other landlord/tenant matters. Staff counsels individuals about their respective rights and their
responsibilities.
D. CITY ADMINISTRATIVE SUPPORT: -Provide data collection, analysis and reporting to city CDBG administrators as well
as HUD auditors as required. We will support efforts to implement actions to overcome impediments and report actions and
progress to HUD.
Schedule of Performance
Estimate the number of ONLY unduplicated Santa Ana households to be served by the funded program during the 12-
month contract period per quarter. (Enter number of new Santa Ana households served each quarter. If they were
served in quarter 1 do not count them again in quarter 2)
Quarter 1: July 1 - September 30
Quarter 2: October 1 - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 -June 30
Households
Households
Households
Households
Total unduplicated Santa Ana Households to be served.
Schedule of Invoicing
Estimate the amount of grant funds to be requested during the 12-month contract period on a quarterly basis.
Quarter 1: July 1 - September 30 0
Quarter 2: October 1 - December 31
Quarter 3: January 1 - March 31
Quarter 4: April 1 -June 30
16,879.2516,879.2516,879.2567,517.00
i16,879.25
Total Grant
Exhibit A
Page 1 of 1
City of Santa Ana
Performance Outcome Tracking
Please find the activity most closely associated to the service that will be provided and place an "X" next to it then
answer the question below. Please note the tracking that is involved with this activity.
Place an
.W. next to
one
Activity(
Activity
Program
City Outcome Tracking
Goal
HUD Outcome Tracking
HUD Goal
Fair Housing
Provide fair housing service
1. Provide fair housing
Number of persons assisted:
Accessibility for the
Services
and ongoing analysis of
counseling, education and
-with new access to a service
purpose of providing
impediments to fair housing.
enforcement services to
-with improved access to a service
Decent Affordable
X
6,000 Santa Ana
-where activity was used to meet a quality
Housing
households.
standard or measurably improved quality,
***5-year goal to be
report the number that no longer only have
achieved by FY 14115
access to substandard service
2. Annually assess actions
Number of persons assisted:
Accessibility for the
to eliminate impediments to
-with new access to a service
purpose of providing
fair housing.
-with Improved access to a service
Decant Affordable
-where activity was used to meet a quality
Housing
standard or measurably Improved quality,
report the number that no longer only have
access to substandard service
Owner-
Number of owners assisted
Physical safety and comfort
Total number of units:
Accessibility for the
Occupied
to rehabilitate their primary
will be Improved for Low and
-Number occupied by elderly
purpose of providing
Housing
residence for the following
Moderate income
-Number of units brought from
Decent Affordable
Rehabilitation
income categories:
households by improving
substandard to standard condition (HQS or
Housing
-Extremely Low Income
homes to a level that meets
local code)
-Very Low Income
or exceeds HUD housing
-Number qualified as Energy Star
-Moderate Income
quality standards.
-Number of units brought into compliance
Special Needs Categories
with lead safe housing rule (24 CFR part
-Large Families
35)
-Number of units made accessible for
persons with disabilities
Describe how you will gather the tracking information, noted above, for that activity.
Client contacts are documented on a contact sheet ("callsheet" or investigative contact sheet). All required
demographic data is obtained, and the reason for the service request documented. The data gathered is entered
into computer databases for the purposes of data recall, gathering statistics and report preparation.
Discrimination allegations that appear to merit inquiry and/or investigation result in the opening of a physical case
file. The file is used to document all actions taken in investigating the allegation(s).
Exhibit A-1
Page 1 of 1
Organization Name
Program Name
Program Year 2014-2015
Final Budget
Fair Housina Council of
S.A.
Expenditures
Category
Expenses Funded
by Santa Ana CDBG
Expenses Funded
by Other Sources
Total Program
Budget
Organizational
Budget
Administrative Staff
Salaries & Benefits
$ 13,063
$
287
$
13,350
$
184,500
Program Staff Salaries &
Benefits
$ 54,454
$
1,196
$
55,650
$
364,600
Contractual/Professional
Services
$ -
$
960
$
960
$
79,800
Office Supplies
$
$
1,230
$
1,230
$
8,000
Rent/Bldg Maintenance
$
$
680
$
680
$
11,000
Communications
$ -
$
2,355
$
2,355
$
17,600
Utilities
$ -
$
715
$
715
$
11,500
Insurance
$ -
$
1,330
$
1,330
$
11,500
Other:List below
1 Testing & Investigation
$ -
$
1,110
$
1,110
$
25,300
2 Printing & Advertisint
$ -
$
970
$
970
$
16,800
3 Staff Training
$ -
$
1,050
$
1,050
$
15,300
4 Dues & Subscriptions
$ -
$
375
$
375
$
2,900
5 Equipment Lease
$
$
330
$
330
$
9,300
6 Bank Charges & All Other
$ -
$
225
$
225
$
-
Total
$ 67,517
$
12,813
$
80,330
$
758,100
LIST ALL OTHER PROGRAM FUNDS THAT HAVE BEEN SECURED FOR 11-12
(Total Funds for Program must equal Total Program Budget above)
Source Amount
Santa Ana CDBG
$
67,517
FHCOC Unrestricted
$
12,813
Total Funds for the Program
I $
80,330
Exhibit B
Page 1 of 1
2014-2015 Funded Personnel
Name of Organization: Fair Housing Council of Orange County
Name of Program Santa Ana Fair Housing Education, Counseling and Enforcement
NOTE: Please remember that this is only a budget and that reimbursement should be based on actual service.
ADMINISTRATIVE STAFF
Position Title
Annual
Salary
Annual
Benefits
Total
Compensation
CDBG Funds
Requested for
this position
Chief Executive Officer*
$ 85,000
$ 15,570
$ 100,570
$ 5,340
CDBG Coord./Records Clerk
$ 45,000
$ 8,240
$ 53,240
$ 7,723
*includes program activities
$
Total Amount Re uested
$ 13,063
Must equal amount indicated on Exhibit B
PROGRAM STAFF
Position Title
Annual
Salary
Annual
Benefits
Total
Compensation
CDBG Funds
Requested for
this position
Counseling/HUD Program Director
$
52,000
$
9,530
$ 61,530
$
5,695
Sr. Housing Counselor
$
36,920
$
6,760
$ 43,680
$
12,365
Housing Counselor11
$
35,880
$
6,570
$ 42,450
$
11865
Housing Counselor
$
35,360
$
6,480
$ 41,840
$
10470
Program Specialist
$
47,300
1$
8,670
$ 55,970
$
14,059
Total Amount Requested
$
54.454
Must equal amount indicated on Exhibit B
CONTRACTUAL/PROFESSIONAL SERVICES
Type of Service
Annual Contract Amount
Total
Compensation
CDBGFunds
Requested for
this position
Certified Public Accountant
$ 3,600
$ 3,600
$
Auditor
$ 8,900
$ 8,900
$
H.R. Attorney
$ 18,000
$ 18,000
$
$
Total Amount Requested
$ -
Must equal amount indicated on Exhibit B
***Please note for persomiel whose time is not directly traced to serving Santa Ana and instead a percentage is used please
confirm the percentage is accurate prior to requesting reimbursement.
Exhibit B-1
Page 1 of 1
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for malting or entering into this transaction imposed by Section 1352, Title
31, U. S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Santa Ana Fair Housing
Fair Housing Council of Orange County/ Education, Counseling & Enforcement
Grantee/Contactor Organization Program Title
Name of Certifying Officer Siwiafure Date
EXHIBIT C
Page 1 of 2
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of 2
Certification Regarding Drug -Free Workplace Requirements
The certification set out below is a material representation upon which reliance is placed
by the U.S. Department of Housing and Urban Development in awarding the grant. If it
is later determined that the contractor knowingly rendered a false certification, or
otherwise violates the requirements of the Drug -Free Workplace Act, the U.S.
Department of Housing and Urban Development, in addition to any other remedies
available to the Federal Government, may take action authorized under the Drug -Free
Workplace Act.
CERTIFICATION
A. The contractor certifies that it will provide a drug -free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession or use of a controlled substance is
prohibited in the contractor's workplace and specifying the actions that will
be taken against employees for violation of such prohibition;
(b) Establishing a drug -free awareness program to inform employees about —
(1) The dangers of drug abuse in the workplace;
(2) The contractor's policy of maintaining a drug -free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance program; and
(4) The penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the
performance of the grant be given a copy of the statement required by
paragraph (a);
(d) Notifying the employee in the statement required by paragraph -(a) that,
as a condition of employment under the contract, the employee will -
(1) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a
violation occurring in the workplace no later than five days after
such conviction.
(e) Notifying the U.S. Department of Housing and Urban Development within
ten days after receiving notice under subparagraph (d)(2) from an
employee or otherwise receiving actual notice of such conviction;
EXHIBIT D
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, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace
through implementation of paragraphs (a), (b), (c), (d), (e) and (f).
B. The contractor shall insert in the space provided on the attached "Place of
Performance" form the site(s) for the performance of work to be carried out with
the grant funds (including street address, city, county, state, and zip code) .the
contractor further certifies that, if it is subsequently determined that additional
sites will be used for the performance of work under the contract, it shall notify
the U.S. Department of Housing and Urban Development immediately upon the
decision to use such additional sites by submitting a revised `Place of
Performance" form.
Fair Housing Council of Orange County
Organizatioq
.�,x 7/1 /2014
nature Date
EXHIBIT D
Page 2 of 3
PLACE OF PERFORMANCE
FOR CERTIFICATION REGARDING DRUG -FREE
WORKPLACE REQUIREMENTS
Name: Fair Housing Council of Orange County
Date: 07/01 /2014
The Contractor shall insert in the space provided below the site(s) expected to be used
for the performance of work under the contract covered by the certification:
Place of Performance (include street address, city, county, state, zip code for each site):
201 S. Broadway St., Santa Ana, Orange County, CA 92701
EXHIBIT D
Page 3 of 3
CERTIFICATE OF LIABILITY INSURANCE
DATE(MMIDD/YYVV)
7/2/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER
Comprehensive Insurance Services
22342 Avenida Em resa
P
Suite 250
CONTACT
NAME:
PHONE FAX
F
111 ,(949)709-1668
Emy.t�fo@thecomprehensiveinsurance.com
,info@thecomprehensiveinsurance.com
Rcho Sta Margarita CA 92688
INSURERS AFFORDING COVERAGE
NAIC III
INSURER A:Non rofits Insurance Alliance
11845
INSURED
INSURER B:
INSURER C
Orange County Fair Housing Council
201 S. Broadway
Santa Ana CA 92701
INSURER D:
INSURER E:
INSURER F:
c.v Gnmu CJ G CK I I F IGA I E N I IM H F R-UL,
NUMBER;
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TR
LTR
TYPE OF INSURANCE
ADDL
SWar)UBR
POLICY NUMBER
POLICY
O ICYYYFDDI
PMl�DY EVV
LIMITS
A
GENERAL
LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE 1XIOCCUR
X
014-03733-NPO
7/1/2014
7/1/2015
EACH OCCURRENCE
$ 1,000,000
X
DAMAGE TO RENTED
PREMISES To occurrece
$ 500,000
MED EXP (Any oneperson)
$ 20,000
PERSONAL &ADV INJURY
$ 1,000, 000
—
GENERAL AGGREGATE
$ 2,000,000
GEN'L AGGREGATE
POLICY
LIMIT APPLIES PER:
PRO X LOG
IPQT [I
PRODUCTS - COMP/OP ADD
$ 2,000,000
7-
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIRED AUTOS M AUTOS
014-03733-NPO
7/1/2014
7/1/2015
EOII eBINEDI SINGLELIMIT
11000,000
BODILY INJURY (Per person)
$
BODILY INJURY (Per accidenQ
$
X
PRO PERTY DAMAGE
Per accident
$
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS -MADE
NIA
EACH OCCURRENCE
$
AGGREGATE
$
DED RETENTION$
WC STATU- OTH-
$
WORKERS COMPENSATION
ANDEMPLOYERS'LIABILITV YIN
ANY PROPRIETORIPARTNER/EXECUTIVE
OFFICERIMEMBER EXCLUDED?
(Mandatory In NH)
U yes, (MandatoryIn uneer
DESCRIPTION OF OPERATIONS below
E.L. EACH ACCIDENT
$
G L. DISEASE - I EMPLOYIT
_
E.L. DISEASE - POLICY LIMIT
$
A
Improper Sexual ConductIT
2014-03733-Npo
7/1/2014
7/1/2015
$1,000,000AGG/1,000,000OCC
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CERTIFICATE HOLDERS ARE NAMED AS ADDITIONAL INSURED PER ATTACHED CITY ADDITIONAL "INSURED AGREEMENT
12�v1ewed bl,
(714)667-2225
SANTA ANA HOUSING AUTHORITY
ATTN: DESTIN BLAIS
P.O. BOX 1988 (M-27)
SANTA ANA, CA 92702
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
Eynon/JEREMY
- ---r W IUUU¢U1UAGIJKUCUKPUKATION. All rights reserved.
INS025 (201005).01 The ACORD name and logo are registered marks of ACQRD
AGREEMENT
ADDITIONAL INSURED KMX0RWKEW
Insurance Company Nonprofits Insurance Alliance of California
This endorsement modifies such insurance as is afforded by the provisions of Policy
# 2014-03733-NPO relating to the following:
The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; it officers,
employees, agents and representative are named as additional insureds ("additional
insureds") with regard to liability and defense of suits arising from the operations and uses
performed by or on behalf of the named insured.
With respect to claims arising out of the operations and uses performed by or on behalf of
the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3.
policy attached.
4. With respect the additional insureds, this insurance shall not be cancelled, or materially
reduced in coverage or limits except after thirty (30rdays written notice has been given to
the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701.
*Except 10 days for non-payment of premium.
(Completion of the following, including countersignature, is required to make this endorsement effective.)
Effective 7/1/2014 this endorsement form as part of VJN
Policy# 2014-03733-NPO �e
�eJ\.� ��
Issued to Orange County Fair Housing Council
Name Insured <
Countersigned by
, k. O CERTIFICATE OF LIABILITY INSURANCE
�`-�'�
523/4
D/23//DDIY2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endomement(s).
PRODUCER
Comprehensive Insurance Services
22342 Avenida Empress
Suite 250
Rcho Sta Margarita CA 92688
CONTACT
NAME. -
PHONE (949) 709-BB00 FAX Air No: (999)'/09-1668
E-MAADDRESS-info@ thecomprehensiveinsurance. com
INSURERS AFFORDING COVERAGE
NAIC it
INSURERA:State Compensation Ins. Fund
35076
INSURED
INSURER B :
INSURER C :
Orange County Fair Housing Council
201 S. Broadway
INSURER D:
INSURER E:
Santa Ana CA 92701
INSURERF:
COVERAGES CERTIFICATE NUMBER -WC PEWICIRRI hit rMGCO. -
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTR
TYPE OF INSURANCE
O
UBR
POLICYNUMBER
POLICY
PMIDONYYY
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
DAMAGE 0 RE TED
PREMISES Ea occurrence
$
MED EXP (Any one person)
$
PERSONAL & ADV INJURY
$
GENERAL AGGREGATE-
$
GENT AGGREGATE
LIMIT APPLIES PER:
PRODUCTS-COMP/OP AGG
$
1-1 POLICY
PRO- LOG
JECT
AUTOMOBILE
LIABILITY
COMBINED SINGLE LIMIT
Ea accident
BODILY INJURY (Per person)
$
ANY AUTO
ALL OWNED SCHEDULED
AUTOS AUTOS
BODILY INJURY (Per accident
$
HIRED AUTOS NON -OWNED
AUTOS
PROPERTY DAMAGE
Permeldent
$
UMBRELLA UPS
OCCUR
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAB
CLAIMS -MADE
DED I I RETENTION$
$
A
WORKERS COMPENSATION
ANDEMPLOYERS'LIABILITY YIN
ANY PROPRIETORIPARTNERIEXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
yes, d
If s, describe under
NIA
9099740-14
/16/2019
5/16/2015
X WC STgTU- OTH-
E.L.EACH ACCIDENT
- - -----
$ 1 000 OOD
—_ .+_-_.c__
E.L. DISEASEEAEMPLOYE
$ 1,000,000
E. L. DISEASE -POLICY LIMIT I
$ 1 000 O00
Dr
DESCRIPTION OF OPERATIONS below
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
RG'V 1Cva 2(�i�10'y-jam
3�3
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CITY OF SANTA ANA, ITS OFFICERS, AGENTS
ACCORDANCE WITH THE POLICY PROVISIONS.
VOLUNTEERS & EMPLOYEES
AUTHORIZED REPRESENTATIVE
P.O. BOX 1988, M-25
SANTA ANA, CA 92702
Richard Eynon/JEREMY��4-.z-z_�
ACORD 26 (2010106)
INS025 (201005).01
01988.2010 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD