HomeMy WebLinkAboutItem 10 - LEAP Grant Appropriation AdjustmentPlanning and Building Agency
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Item # 10
City of Santa Ana
20 Civic Center Plaza, Santa Ana, CA 92701
Staff Report
June 15, 2021
TOPIC: LEAP Grant Appropriation Adjustment
AGENDA TITLE:
Approve an Appropriation Adjustment recognizing State of California, Department of
Housing and Community Development (HCD) LEAP Grant Funds in the Amount of
$750,000
RECOMMENDED ACTION
Approve an appropriation adjustment recognizing State of California, Department of
Housing and Community Development (HCD) LEAP Grant funds in the amount of
$750,000 in the Planning and Building Agency revenue account and appropriate same to
expenditure accounts.
DISCUSSION
On January 27, 2020, the State of California, Department of Housing and Community
Development (HCD) issued a Notice of Funding Availability (NOFA) for its Local Early
Action Planning Grants Program (LEAP). The purpose of the LEAP is to help cities and
counties in California accelerate housing production and facilitate compliance in
implementing the sixth cycle of regional housing needs assessment. The LEAP provides
grants through a non-competitive process and the City of Santa Ana is eligible to receive
up to $750,000 in funding. Recognizing this, staff prepared and submitted an application,
authorized by the City Council per Resolution 2020-045, emphasizing the benefits to the
community.
On November 19, 2020, HCD awarded the SB 2 grant in the amount of $750,000 to the
City of Santa Ana. The City will utilize grant funds to update the General Plan Housing
Element as required by State law, as well as the Zoning Code Update to serve existing
and future needs. Grant funds associated with the Zoning Code Update will include new
and updated best practices for the zoning design and development standards to assure
that new housing production enhances and preserves cultural, historic resources, and
neighborhood character. On March 29, 2021, the standard agreement was executed
between HCD and the City.
LEAP Grant Appropriation Adjustment
June 15, 2021
Page 2
ENVIRONMENTAL IMPACT
Pursuant to Section 15061(B)(3) of the California Environmental Quality Act, this action
is exempt from further review as there is no potential for any environmental impact.
FISCAL IMPACT
Approval of the appropriation adjustment will recognize $750,000 in LEAP Grant funds in
the Planning Grants Program Revenue, State Grant -Direct revenue account
(No.15816002-52025) and appropriate the same amount to the PBA LEAP Program
expenditure accounts (No. 15816501-Various). All funds will be available for expenditure
in the Fiscal Year 2020-21. Any remaining balances not expended at the end of the fiscal
year will be carried forward into Fiscal Year 2021-22 for expenditure. PBA will expend
funds for project activity eligible under the grant after the date of the release of the LEAP
NOFA, and then recoup the costs by invoicing HCD for reimbursement of the funds
expended.
Funds are budgeted and available in the following Planning and Building accounts:
Fiscal Year
Accounting Unit-
Account #
Fund
Description
Account Unit,
Account Description
Amount
FY 20-21
15816002-52025
Planning Grants
Planning Grants
$750,000
Program
Program Revenue,
State Grant -Direct
FY 20-21
15816501-Various
Planning Grants
PBA LEAP Program,
$750,000
Program
Various
EXHIBIT(S)
1. Executed Standard Agreement
Submitted By: Minh Thai, Executive Director
Approved By: Kristine Ridge, City Manager
A-2020-266
STATE OF CALIFORNIA - DEPARTMENT OF GENERAL
SERVICES
STANDARD AGREEMENT AGREEMENT NUMBER
STD 213 (Rev, 0312019) 20-LEAP-15676
1. This Agreement is entered into between the Contracting Agency and the Contractor named below:
CONTRACTING AGENCY NAME
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
CONTRACTOR'S NAME
City of Santa Ana
2. The term of this Agreement is:
START DATE
Upon HCD Approval
THROUGH END DATE
06/30/2024
PURCHASING AUTHORITY NUMBER (if applicabfe)
3- The maximum amount of this Agreement is:
$750,000.00
4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.
EXHIBITS TITLE
Exhibit A Authority, Purpose and Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C' State of California General Terms and Conditions
Exhibit D LEAP General Terms and Conditions
Exhibit E Special Conditions
TOTAL NUMBER OF PAGES ATTACHED
Items shown with an asterisk (`), are hereby incorporated by reference and made part of this agreement as if attached hereto.
These documents can be viewed at hops:IAVww,dgs.ca.govIOLSIResources
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership,etc.)
City of Santa Ana
CONTRACTOR BUSINESS ADDRESS
20 Civic Center Plaza Ross Annex M-20
PRINTED NAME OF PERSON SIGNING
Minh Thai
CONTRA U HORIZED SIGNATURE
CONTRACTING AGENCY NAME
Department of Housing and Community Development
CONTRACTING AGENCY ADDRESS
2020 W. El Camino Ave., Suite 130
CITY
Santa Ana
STATE OF CALIFORNIA
CITY
Sacramento
PAGES
2
5
GTC - 0412017
9
0
16
STATE
ZIP
CA
92702
TITLE
Executive Qirector of Planning & Building Agency
DATE SIGNED
.?,1'12r
STATE
ZIP
CA
95833
PRINTED NAME OF PERSON SIGNING TITLE
Shaun Singh Contracts Manager,
Business & Contract Services Branch
CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED
312912021
California Department of General Services Approval (or exemption, if applicable)
Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 6/1211981)
APPROVED AS TO FORM
AmiW&4
Ilp _AiEST:J(3q Aummy
By:
Daisy Gomez, MMC City Clerk
Clerk of the Council
A-2020-266
EXHIBIT A
AUTHORITY, PURPOSE AND SCOPE OF WORK
1. Authorily
City of Santa Ana
20-LEAP-15676
Page 1 of 2
Pursuant to Chapter 3.1 of the California Health and Safety Code (Ch. 159, Sec. 11, Slats.
2019), the State of California Department of Housing and Community Development (the
"Department"or "Staten) has established the Local Early Action Planning Grants Program
CLEAP," or the "Program"), as defined in Health and Safety Code Section 50515, et seq., for
Local Governments and Localities. In furtherance of the purpose of the Program, the
Department has issued a Notice of Funding Availability ("NOFAD) dated January 27, 2020. This
Standard Agreement, along with all its exhibits (the "Agreement"), is entered into under the
authority of, and in furtherance of, the purpose of the Program.
2. Puruose
In accordance with the authority cited above, the Grantee has been awarded financial
assistance In the form of a grant from the Program. The Department has agreed to make the
grant to provide financial assistance for technical assistance, preparation and adoption of
planning documents, and process improvements to accelerate housing production and facilitate
compliance to implement the sixth cycle of the regional housing needs assessment, pursuant to
the terms of the NOFA, which includes associated forms, and this Agreement. By entering into
this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to
comply with the terms and conditions of the NOFA, this Agreement, subsequent amendments to
this agreement when necessary, the representations contained in the application and the
requirements of the authority cited above. Based on the representations made by the Grantee,
the State shall provide a grant in the amount shown in Exhibit B, Section 2.
3. Definitions
Terms herein shall have the same meaning as definitions in Section Vill of the LEAP NOFA,
4. Scope of Work
Preparation and adoption of planning documents and process improvements that accelerate
housing production and facilitate compliance in implementing the sixth cycle of the regional
housing needs assessment in accordance with the Grantee's Attachment 1: Project Timeline
and Budget and Project Description as provided by the Grantee in the LEAP application used
for subsequent approval by the Department.
5. De arfinont Contract Coordinator
The Contract Coordinator of this Agreement for the Department is the Housing Policy
Development Program Manager, or the Manager's designee. Unless otherwise informed, any
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date; May 29, 2020
Prep. Date. December 7, 2020
City of Santa Ana
20-LEAP-16676
Page 2 of 2
EXHIBIT A
notice, report, or other communication required by this Agreement shall be mailed by first class
mail to the Department Contract Coordinator at the following address:
Department of Housing and Community Development
Housing Policy Development
Attention: LEAP Program Manager
2020 West El Camino Avenue, Suite 500
Sacramento, CA 95833
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 7, 2020
City of Santa Ana
20-LEAP-15576
Page 1 of 5
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
1. Application for Funds
A. The Department is entering into this Standard Agreement ("Agreement") on the basis of,
and in reliance on, facts, information,.assertions and representations contained in the
Application and any subsequent modifications or additions thereto approved by the
Department. The Application and any approved modifications' and additions thereto are
hereby incorporated into this Agreement.
B. The Grantee warrants that all information, facts, assertions and representations
contained in the Application and approved modifications and additions thereto are true,
correct, and complete to the best of the Grantee's knowledge. In the event that any part
of the Application and any approved modification and addition thereto is untrue,
incorrect, incomplete, or misleading in such a manner that would substantially affect the
Department's approval, disbursement, or monitoring of the funding and the grant or
activities governed by this Agreement, the Department may declare a breach hereof and
take such action or pursue such remedies as are provided for breach.
2. Grant and -Reimbursement Lim!t
The Department's decision to approve or deny an application or request for funding pursuant to
the Program, and its determination of the amount of funding provided, shall be final. The
maximum total amount granted and reimbursable to the Grantee pursuant to this Agreement
shall not exceed $750,000.00.
3. Grant Timelines
A. This Agreement is effective upon the date of the Department representative's signature
on page one of the fully executed Standard Agreement, STD 213, (the "Effective Date").
B. All Grant funds must be expended by the Grantee on or before December 31, 2023. To
ensure that the grantee is reimbursed on or before December 31, 2023, the Grantee
shall deliver to the Department all final invoices for reimbursement on or before
September 30, 2023. Under special circumstances, as determined by the Department,
the Department may modify the September 30, 2023 deadline.
It is the responsibility of the Grantee to monitor the project and timeliness of draws within
the specified dates.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 7, 2020
EXHIBIT B
4. Allowable Uses of Grant iFUnds
City of Santa Ana
20-LEAP-15676
Page 2 of a
A. The Department shall not disburse funds unless it determines that the grant funds shall
be expended in compliance with the terms and provisions of the NOFA and this
Agreement.
B. Grant funds shall only be used by the Grantee for eligible activities pursuant to Section
VI I of the NOFA and only for activities that were approved by the Department, and as
stated in Attachment 1: Project Timeline and Budget and Project Description in the
Grantee's approved LEAP Application, , and/or any and all documentation incorporated
into this Agreement and made a part thereof.
C. Grant funds may not be used for administrative costs of persons employed by the
Grantee for activities not directly related to the preparation and adoption of the proposed
activity. The Grantee shall use no more than five percent of the total grant amount for
coasts related to administration of the project.
D. A Grantee that receives funds under this Program may use a subcontractor, The
subcontract shall provide for compliance with all the requirements of the Program. The
subcontract shall not relieve the Grantee of its responsibilities under the Program.
E. After the contract has been executed by the Department and all parties, approved and
eligible costs for eligible activities may be reimbursed upon completion of deliverables in
accordance with Attachment 1: Project Timeline and Budget and Project Description,
and subject to the terms and conditions of this Agreement.
F. Only approved and eligible costs incurred for work after the NOFA date, continued past
the date of full execution of the Agreement, and completed during the grant term, will be
reimbursable.
G. Approved and eligible costs incurred rp for to the NOFA date are ineligible and will not be
reimbursed.
5. Performance
A. The Grantee shall take such actions, pay such expenses, and do all things necessary to
complete all activities as incorporated into the LEAP application and in accordance with
the schedule for completion set forth in the Statement of Work, the Grantee's Project
Description and Attachment 1: Project Timeline and Budget, and within the terms and
conditions of this Agreement.
B. The Department may monitor expenditures and activities of Grantee, as the department
deems necessary, to ensure compliance with program requirements.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 7, 2020
City of Santa Ana
20-LEAP-15676
Page 3 of 5
EXHIBIT B
C. The Department may request repayment of funds from Grantee or pursue other
remedies available to it by law for failure to comply with program requirements.
6. Fiscal Administration
A. The Grantee is responsible for maintaining records which fully disclose the activities
funded by the LEAFS grant. Adequate documentation for each reimbursable transaction
shall be maintained to permit the determination, through an audit if requested by the
State, of the accuracy of the records and the allowability of expenditures charged to
LEAP grant funds. If the allowability of expenditure cannot be determined because
records or documentation are inadequate, the expenditure may be disallowed, and the
State shall determine the reimbursement method for the amount disallowed. The State's
determination of the allowability of any expense,. shall be final, absent fraud, mistake or
arbitrariness.
B. Work must be completed prior to requesting reimbursement. The Department may make
exceptions to this provision on a case by case basis. In unusual circumstances, the
Department may consider alternative arrangements to reimbursement and payment
methods based on documentation demonstrating cost burdens, including the inability to
pay for work.
C. Prior to receiving reimbursement, the Grantee shall submit the following documentation:
1) Government Agency Taxpayer ID Form (GovTIN; 1=i$cal form);
2) A Request for Reimbursement form provided by the Department on the
Department's Local Early Action Planning (LEAP) Grants webpage; and
3) Any and all documentation requested by the Department in the Request for
Reimbursement form and manner as outlined in the following subsection D.
D. Grantee shall submit all required reimbursement documentation to the following address:
Department of Housing and Community Development
Housing Policy Development
Attention: LEAP Program Manager
2020 West El Camino Avenue, Suite 600
Sacramento, CA 95833
E. The Grantee shall submit invoices for reimbursement to the Department. All invoices
shall be subject to the Department's approval and submitted in accordance with the
following schedule:
Local Early Action }Manning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 7, 2020
City of Santa Ana
20-LEAP-15676
Page 4 of 5
EXHIBIT B
1) At maximum, once per quarter; or
2) Upon completion of a deliverable; and
3) At minimum, one invoice for reimbursement annually.
The Department will use the 2020 calendar year beginning from the date of the release
of the NOFA on January 27, 2020 as the basis for scheduling reimbursements, with first
requests for reimbursement accepted upon full execution of the Agreement by the
Grantee and the Department.
F. The Request for Reimbursement roust be for a minimum of fifteen percent (15%) of the
maximum grant amount awarded. The Department may consider exceptions to the
minimum amount requested on a case -by -case basis. All -invoices shall reference the
contract number and shall be signed and submitted to the Department's Program
Manager at the address provided above in Section 6, Subsection D of this part. Invoices
shall include at a minimum the following information:
1) Names of the Grantee's personnel performing work;
2) Dates and times of project work;
3) Itemized costs in accordance with Attachment 1: Project Timeline and Budget, and
Project Description, including identification of each employee, contractor or
subcontractor who provided services during the period of the invoice, the number
of hours and hourly rates for each of the Grantee's employees, contractor(s), sub-
recipient(s) or subcontractor's staff member(s), authorized expenses with receipts,
and contractor, sub -recipient and subcontractor invoices; and
4) Any other documents, certifications, or evidence deemed necessary by the
Department prior to disbursement of grant funds.
G. The Department will reimburse the Grantee directly for all allowable project costs as
promptly as the Department's fiscal procedures permit upon receipt of an itemized
signed invoice.
H. The Department recognizes that budgeted deliverable amounts are based upon
estimates and conditions and circumstances may change. Grantees may request
adjustments to Attachment 1: Project Timeline and Budget and Project Description in the
Grantee's approved LEAP Application in writing (such as a budget adjustment across
deliverables), as long as the total budget does not exceed the maximum amount
awarded to the Grantee. All adjustments shall be subject to written approval by the
Department.
Local Early Action Planning (LEAP)
NQFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 7, 2020
City of Santa Ana
20-LEAF-15676
Page 5 of 5
EXHIBIT 8
I. Grant funds shall not be disbursed until this Agreement has been fully executed.
Grant fund payments will be made on a reimbursement basis; advance payments are
not allowed. The Grantee, its subcontractors and all partners, must have adequate cash
flow to pay all grant -related expenses prior to requesting reimbursement from the
Department. The Department may consider alternative arrangements for reimbursement
and payment methods based on documentation demonstrating cost burdens, including
the inability to pay for work.
K. The Grantee will be responsible for compiling and submitting all invoices, supporting
documentation and reporting documents. Invoices must be accompanied by reporting
materials where appropriate. Invoices without the appropriate reporting materials will not
be paid.
1) Supporting documentation may include, but Is not limited to; purchase orders,
receipts, progress payments, subcontractor invoices, timecards, or any other
documentation as deemed necessary and requested by the Department to support
the reimbursement to the Grantee for expenditures Incurred.
L. The Grantee will submit for reimbursements to the Department based on actual costs
incurred, and must bill the State based on clear and completed objectives and
deliverables as outlined in the application, in Attachment 1: Project Timeilne and Budget
and the Project Description, and/or any and all documentation incorporated into this
Agreement and made a part thereof.
M. The Department may withhold ten percent (10%) of the grant until grant terms have
been fulfilled to the satisfaction of the Department and the final close-out report
submitted, no later than December 31, 2024 pursuant to Health and Safety Code section
50515.04(c)(2).
N. It is mutually agreed that if the Budget Act of the current year and/or any subsequent
years covered under this Agreement does not appropriate sufficient funds for the
program, this Agreement shall immediately terminate and be of no further force and
effect. In this event, the State and Contractor shall be relieved of any and all obligations
under this Grant Agreement.
O. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this
program, the State shall have the sole discretion to cancel this Agreement without
cause, no liability occurring to the State, or amend the current Grant Agreement and
amount allocated to Contractor.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 7, 2020
EXHIBIT D
LEAP TERMS AND CONDITIONS
f. Repo
rtinq
City of Santa Ana
20-LEAP-15676
Page 1 of 9
A. During the term of this Standard Agreement ("Agreement") the Grantee shall submit,
upon request of the Department, a performance report that demonstrates satisfaction of
all requirements Identified in this Agreement.
B. Pursuant to Health and Safety Code Section 50515.04, subsection (a), during the term
of the Agreement, the Grantee shall submit an annual report containing all required
information by April 1 of the year following receipt of the Grant funds. The annual reports
shall be due from the Grantee until Program funds have been expended, but no later
than February 28, 2023. A Grantee may, in lieu of providing a separate annual report as
identified in Health and Safety Code Section 50515.04, subsection (a), provide the
information as part of its Annual Progress Report,
C. Upon completion of all deliverables required to fulfill this Agreement pursuant to the
Grantee's Attachment 1: Project Timeline and Budget as approved in the LEAP
Application, the Grantee shall submit a final close out report in accordance with the
January 27, 2020 LEAP NOFA. The close out report shall be submitted with the final
Request for Reimbursement by September 30, 2023, in accordance with the final
invoices due pursuant to Exhibit B, Section 3.
2. Accountinno records
A. The Granted, its staff, contractors and subcontractors shall establish and maintain an
accounting system and reports that properly accumulate incurred project costs by line.
The accounting system shall conform to Generally Accepted Accounting Principles
(GAAP), to enable the determination of incurred costs at interim points of completion and
provide support for reimbursement payment vouchers or invoices.
B. The Grantee must establish a separate ledger account for receipts and expenditures of
grant funds and maintain expenditure details in accordance with the scope of work,
project timeline and budget. Separate bank accounts are not required.
C. The Grantee shall maintain documentation of its normal procurement policy and
competitive bid process (including the use of sole source purchasing), and financial
records of expenditures incurred during the course of the project in accordance with
GAAP.
D. The Grantee agrees that the state or designated representatives shall have the right to
review and to copy any records and supporting documentation pertaining to the
performance of the Agreement.
E. Subcontractors employed by the Grantee and paid with moneys under the terns of this
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 7, 2020
City of Santa Ana
20-LEAP-1 5676
Page 2 of 9
EXHIBIT D
Agreement shall be responsible for maintaining accounting records as specified above,
Grantee shall monitor and enforce subcontracts accordingly.
3, Audits
A. At any time during the term of this Agreement, the Department may perform or cause to
be performed a financial audit of any and all phases of the award. At the Department's
request, the Grantee shall provide, at its own expense, a financial audit prepared by a
certified public accountant. The State of California has the right to review project
documents and conduct audits during and over the project life.
1 } The Grantee agrees that the Department or the Department's designee shall
have the right to review, obtain, and copy all records and supporting
documentation pertaining to performance of this Agreement.
2) The Grantee agrees to provide the Department or the Department's designee,
with any relevant information requested.
3) The Grantee agrees to permit the Department or the Department's designee
access to its premises, upon reasonable notice, during normal business hours for
the purpose of interviewing employees who might reasonably have information
related to such records and inspecting and copying such books, records,
accounts, and other material that may be relevant to -a matter under investigation
for the purpose of determining compliance with statutes and this Agreement.
S. If a financial audit is required by the Department, the audit shall be performed by an
independent certified public accountant. Selection of an independent audit firm shall be
consistent with procurement standards contained in Exhibit D, Section 8 subsection A. of
this Agreement.
1) The Grantee shall notify the Department of the auditor's name and address
Immediately after the selection has been made. The contract for the audit shall
allow access by the Department to the independent auditor's working papers.
2) The grantee is responsible for the completion of audits and all costs of preparing
audits.
3) If there are audit findings, the Grantee must submit a detailed response
acceptable to the Department for each audit finding within ninety (90) days from
the date of the audit finding report.
C. The Grantee agrees to maintain such records for possible audit after final payment
pursuant to Exhibit D, Section 3, subsection E. below, unless a longer period of records
retention is stipulated.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep. Date: December 7, 2020
City of Santa Ana
20-LEAP-15676
Page 3 of 9
EXHIBIT D
1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action
has been started before the expiration of the required record retention period, all
records must be retained by the Grantee, contractors and sub -contractors until
completion of the action and resolution of all issues which arise from it. The
Grantee shall include in any contract that it enters into in an amount exceeding
$10,000.00, the Department's right to audit the contractor's records and interview
their employees.
2) The Grantee shall comply with the caveats and be aware of the penalties for
violation of fraud and for obstruction of investigation as set forth in California
Public Contracts Code Section 10116.10.
D. The determination by the Department of the eligibility of any expenditure shall be final.
E. The Grantee shall retain all books and records relevant to this Agreement for a minimum
of three (3) years after the end of the term of this Agreement. Records relating to any
and all audits or litigation relevant.to this Agreement shall be retained for five (5) years
after the conclusion or resolution of the matter.
4. Remedies of Non-performance
A. The Department may monitor expenditures and activities of an applicant, as the
Department deems necessary, to ensure compliance with Program requirements.
S. The Department may, as it deems appropriate or necessary, request repayment of funds
from an applicant, or pursue any remedies available to it by law for failure to comply with
Program requirements.
C. Any dispute concerning a question of fact arising under this Agreement that is not
disposed of by agreement shall be decided by the Department's Housing Policy
Development Manager, or the Manager's designee, who may consider any written or
verbal evidence submitted by the Grantee. The decision of the Department's Housing
Policy Development Manager or Designee shall be the Department's final decision
regarding the dispute.
D. Neither the pendency of a dispute nor its consideration by the Department will excuse
the Grantee from full and timely performance in accordance with the terms of this
Agreement.
E. In the event that it is determined, at the sole discretion of the Department, that the
Grantee is not meeting the terms and conditions of the Agreement, immediately upon
receiving a written notice from the Department to stop work, the Grantee shall cease all
work under the Agreement. The Department has the sole discretion to determine that the
Grantee meets the terms and conditions after a stop work order, and to deliver a written
notice to the grantee to resume work under the Agreement.
Local Early Action Planning (LEAP)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prep, Date: December 7, 2020
City of Santa Ana
20-LEAP-15676
Page 4 of 9
EXHIBIT D
F. Both the Grantee and the Department have the :right to terminate the Agreement at any
time upon thirty (30) days wd ten notice. The notice shall specify the reason for early
termination and may permit the grantee or the Department to rectify any deficiency(lies)
prior to the early termination date. The Grantee will submit any requested documents to
the Department within thirty (30) days of the early termination notice.
G. There must be a strong implementation component for the funded activity through this
Program, including, where appropriate, agreement by the locality to formally adopt or
complete the planning document. Localities that do not formally adopt or complete the
funded activity could be subject to repayment of the grant.
H. The following shall each constitute a breach of this Agreement:
1) Grantee's failure to comply w€th any of the terms and conditions of this Agreement.
2) Use of, or permitting the use of, grant funds provided under this Agreement for any
ineligible costs or for any activity not approved under this Agreement.
3) Any failure to comply with the deadlines set forth in this Agreement unless
approved by the Program Manager.
In addition to any other remedies that may be available to the Department in law or
equity for breach of this Agreement, the Department may at its discretion, exercise the
following remedies:
1) Disqualify the Grantee from applying for future Department administered grant
programs,
2) Revoke existing LEAP award(s) to the Grantee,
3) Require the return of unexpended LEAP funds disbursed under this Agreement.
4) Require repayment of LEAP Funds disbursed and expended under this
Agreement.
5) Seek a court order for specific performance of the obligation defaulted upon, or the
appointment of a receiver to complete the obligations in accordance with the LEAP
Program requirements.
6) Other remedies available at law, or by and through this Agreement. All remedies
available to the Department are cumulative and not exclusive.
7) The Department may give written notice to the Grantee to cure the breach or
Violation within a period of not less than fifteen (15) days.
Local Early Action Planning (LEAD)
NOFA Date: January 27, 2020
Approved Date: May 29, 2020
Prop. Date: December 7, 2020