Loading...
HomeMy WebLinkAboutSANTA ANA NEIGHBORHOOD HOUSING SERVICESE 'k R :5 01"E"U'( (AF GOMUL DA I f E: 6-c. Cob( 04/01/92 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND THE SANTA ANA NEIGHBORHOOD HOUSING SERVICES FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT, made and entered into this day of M a&4 , 1991 , by and between the city of Santa Ana, a muni4al corporation of the State of California ("CITY") and The Santa Ana Neighborhood Housing Services, Inc., a California non- profit corporation (11SUBRECIPIENT11), W I T N E S S E T H Recitals: 1. CITY is the recipient of funds from the United States Department of Housing and Urban Development ("HUD") pursuant to Title I of the Housing and community Development Act of 1974, as amended ("ACT"). 2. CITY desires to engage SUBRECIPIENT to provide the services described in "Exhibit B,11 hereinafter referred to as "said program" and SUBRECIPIENT represents that it is qualified and willing to operate said program. WHEREFORE, for and in consideration of the respective and mutual covenants hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: Page 1 of 21 Pages its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. D. All funds received by SUBRECIPIENT from CITY pursuant to this agreement shall be separately accounted for apart from any other funds of SUBRECIPIENT, or of any principal .or .member Of SUBRECIPIENT. SUBRECIPIENT agrees that if SUBRECIPIENT receives Twenty - Five Thousand Dollars ($25,000) or more in CDBG funds under the terms of agreement, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards set forth in Circular A-110, published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October 1 of the year following the program year in which this agreement is executed. E. SUBRECIPIENT shall keep records of all funds received from CITY under the terms and conditions of this agreement in accordance with the procedures set forth in the "Agreement Accounting and Administrative Handbook" of CITY, a copy of which shall be provided to SUBRECIPIENT by CITY. SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefitted by SUBRECIPIENT in the performance of its obligations under this agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, number of female heads of households, and Page 3 of 21 Pages number of senior citizens assisted. SUBRECIPIENT agrees to provide CITY with written reports of its activities on or before the 15th day of October, January, April and July for the previous three-month period and a final report when this agreement terminates, setting forth the activities, program accomplishments, new program information and current program statistics on expenditures, caseload and activities. When appropriate pictures and/or slides should be included. CITY and the United State 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 in their discretion. Monitorina 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 are 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. In the event SUBRECIPIENT does not make the above - referenced documents available within the City of Santa Ana, Page 4 of 21 Pages 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. F. All accounting records and evidence pertaining to all costs of SUBRECIPIENT and all documents related to this agreement shall be kept available at SUBRECIPIENT's office or place of business for the duration of the agreement and thereafter for three (3) years after completion of an audit. 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 three (3) years until resolution or disposition of such appeals, litigation, claims, or exceptions. G. 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. 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. H. 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 shall be reported immediate to CITY. Page 5 of 21 Pages I. Without prejudice to any other provisions of this agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder. J. SUBRECIPIENT agrees that the performance of obligations hereunder are rendered in its capacity as an independent contractor and that it is in no way an agency of CITY. K. 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 or repay CITY all amounts spent in violation thereof. L. SUBRECIPIENT agrees to maintain a record for each item of non -expendable property acquired under the terms of this agreement. Said record shall be made available to CITY upon request. The term "Non -expendable property" shall include tangible personal property (including but not limited to office equipment), real property and any interest in such real property, including any mortgage, trust deed, or other encumbrance of real property, and the funds received from the sale of any interest in real property. Page 6 of 21 Pages Any utilization of funds from the disposition, including, sale, of non -expendable property must have the approval of CITY and HUD and otherwise comply with HUD or other federal laws and regulations. In the event of termination of this agreement, CITY reserves the right to determine the final disposition of said non -expendable property, including funds and/or any other assets derived, therefrom. Said disposition may include CITY taking possession of said non --expendable property. The term "Non -expendable personal property" means leased and purchased tangible personal property having a useful life of more than one (1) year and acquisition cost of $300.00 or more per unit. M. SUBRECIPIENT also warrants that it will comply with: 1. Requirements of Section 3 of the Housing and Urban Development Act of 1969, as amended by Publ.Law 98-181, Nov. 30, 1983, 40 US.C. 4846. 2. Requirements relating to equal employment opportunities, as set forth in "Exhibit D," attached hereto and by this reference incorporated herein. 3. Compliance with the Clean Air Act, as amended (42 U.S.C. 1857 et seg.), the Federal Water Pollution Control Act, , as amended (33 U.S.C. 1251 et-seq.), the EPA regulations in 40 CPR Part 1500, as amended. 4. Compliance with Federal Labor Standards, as set forth in the Davis -Bacon Act, as amended. 5. Requirements forbidding interests of certain Page 7 of 21 Pages Federal officials. 6. Requirements forbidding interests in this agreement by CITY and local government officials. 7. Other Federal Statutes applicable to projects funded with Community Development Block Grant 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. S. Federal regulations found at 24 CFR Part 878 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 C," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed Page 8 of 21 Pages 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 "Disclosure Form to Report Lobbying," in accordance with its instructions. N. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this agreement to pay for entertainment, meals or gifts. II. CITY'S OBLIGATIONS A. CITY shall pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received form HUD, amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 1991-92 pursuant to this agreement -up to a maximum aggregate payment of One Hundred Thousand Dollars ($100,000.00) in installments determined by CITY. Payments shall be made to SUBRECIPIENT through the submission of periodic invoices, in a form prescribed by CITY, detailing such expenses. CITY shall pay such invoices within thirty (30) days after receipt thereof provided CITY is satisfied Page 9 of 21 Pages that such expenses have been incurred within the scope of this agreement and that SUBRECIPIENT is in compliance with the terms and conditions of this agreement. B. CITY shall include an audit of the account maintained by SUBRECIPIENT pursuant to Paragraph I.E. hereinabove in CITY's annual audit of all CDBG funds pursuant to federal regulations found in Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations. III PROGRAM INCOME A. "Program income," as defined at 24 CFR 570.500(a), means gross income received by the SUBRECIPIENT directly generated from the use of CDBG funds. When such income is generated by an activity that is only partially assisted with CDBG funds, the income shall be prorated to reflect the percentage of CDBG funds used. fallowing: B. Program income includes, but is not limited to the 1. Proceeds from the disposition by sale or long term lease of real property purchase or improved with CDBG funds; 2. Proceeds from the disposition of equipment purchased with CDBG funds; 3. Gross income from the use or rental of real or personal property acquired by the SUBRECIPIENT with CDBG funds, less the costs incidental to the generation of such income; Page 10 of 21 Pages 4. Gross income from the use or rental of real property owned by the SUBRECIPIENT that was constructed or improved with CDBG funds,a less the costs incidental to the generation of such income; 5. Payments of principal and interest on loans made using CDBG funds; 6. Proceeds from the sale of loans made with CDBG funds; 7. Proceeds from the sale of obligations secured by loans made with CDBG funds; 8. Interest earned on funds held in a revolving fund account; 9. Interest earned on program income pending disposition of such income; and 10. Funds collected through special assessments made against properties owned and occupied by households not of low and moderate income, where such assessments are used to recover all or part of the CDBG portion of a public improvement. C. Program income does not include interest earned (except for interest described in 24 CPR 570.513) on cash advances from the U.S. Treasury. Such interest shall be remitted to HUD for transmittal to the U.S. Treasury and will not be reallocated under section 106(c) or (d) of the Act. Examples of other receipts that are not considered program income are proceeds from fund raising activities carried out by SUBRECIPIENT receiving CDBG assistance Page 11 of 21 Pages funds collected through special assessments used to recover the non-CDBG portion of a public improvement and proceeds from the disposition of real property acquired or improved with CDBG funds when such disposition occurs after the applicable time period specified in 24 CFR 570.503(b)(8). D. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this agreement. IV. PROHIBITION 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, step-parent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities. V. 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: Community Development Agency/Block Grant Division 20 Civic Center Plaza (M-34) Santa Ana, California 92701 TO SUBRECIPIENT: Santa Ana Neighborhood Housing Services 1617 West 7th Street Santa Ana, California 92703 Page 12 of 21 Pages VI. ASSIGNABILITY SUBRECIPIENT shall not assign nor transfer any interest in this agreement, whether by assignment or novation, without the prior written consent of CITY; provided, however, that claims for money due or to become due SUBRECIPIENT from CITY under this agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. Notice of any such assignment or transfer shall be promptly furnished to CITY. VII. HOLD HARMLESS SUBRECIPIENT shall indemnify and save harmless CITY, its officers and employees, from and against any and all damages to property or 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 and employees, 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, resulting from or arising out of the negligent or wrongful acts, errors or omissions of SUBRECIPIENT, its employees or subcontractors. VIII. INSURANCE A. SUBRECIPIENT shall furnish CITY's Clerk of the Council with an insurance certificate from its workers compensation insurance carrier certifying that it carries such insurance and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to CITY. Page 13 of 21 Pages f B. SUBRECIPIENT shall obtain, at its sole cost and file with the Clerk of the Council of CITY, prior to exercising any right or performing any obligation pursuant to this agreement, and maintain for the period covered by this agreement, a policy or policies of general liability insurance, or certificate of such insurance, satisfactory to the.City Attorney of CITY naming CITY, its officers, agents and employees as insured or additional insured, which policy or policies provide coverage not less than that provided in the form of a comprehensive general liability insurance policy insuring against liability for any and all claims and suits for damages or injuries to persons or property resulting rom or arising out of operations of SUBRECIPIENT, its officers, agents, or employees. Said policy or policies of insurance shall provide coverage for both bodily injury and property damages in not less than the following minimum amounts: Five Hundred Thousand Dollars ($500,000.00) combined single limit, or its equivalent. Said policy shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until thirty (30) days notice thereof has been given in writing to CITY. SUBRECIPIENT shall give CITY prompt and timely notice of any claim made or suit instituted. SUBRECIPIENT shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance, which, in its own judgment, may be necessary for its proper protection in the prosecution of the work. Page 14 of 21 Pages IX. REVERSION OF ASSETS 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. 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: A. 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 B. Disposed of in a manner that results in CITY's being reimbursed in the amount of 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. Furthermore, SUBRECIPIENT hereby agrees, upon the demand of CITY, to execute, acknowledge and delivery, 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 delivery, to CITY assignment (s), quit claim deeds) 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 Page 15 of 21 Pages 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 "IX REVERSION OF ASSETS" AND IN PARAGRAPHS "X TERMINATION" and "III 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. X. 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 Page 16 of 21 Pages 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 SUBRECTPIENT 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 SUBRECTPIENT, 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. E. In the event this agreement is terminated as set forth in sub -paragraphs XA through XD, inclusive, SUBRECTPIENT agrees to immediately return to CITY upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not Page 17 of 21 Pages used, and to comply with paragraph ZX "REVERSION OE ASSETS" of this agreement. XI 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 delegee is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the agreement for such purposes. 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 Page 18 of 21 Pages 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. XII CLOSE OUT PROCEDURES A. This agreement shall be closed out when: I. All costs to be paid for by CDBG funds have been incurred; with the exception of close out costs and costs associated with contingent liabilities as set forth in 24 CFR 570.509.(c) (i) ; 2. Any rehabilitation activities to private property have actually been completed; and 3. Other responsibilities of SUBRECIPIENT under this agreement have been completed. B. Upon close out and after demand by CITY, SUBRECIPIENT shall provide CITY with: 1. A full and complete listing of all outstanding loans; 2. Original loan documents and any and all original security instruments for all loans generated with CDBG funds; and 3. A document assigning the loan from SUBRECIPIENT to CITY. XII. 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 Page 19 of 21 Pages 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. XIII. 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. Page 20 of 21 Pages 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. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first above -written. DATED: t)" -j " ATTEST: DATED: SUBRECIPIENT: CITY OF SANTA ANA, a municipal cotp 0 ' ation By: DAVID N.AEAM, City Manager 7 B Ar . JA 'pICE C. GUY Clerk of the Council SANTA ANA NEIGHBORHOOD HOUSING SERVICES, INC. DATED: - April 7, 1992 By: By: EDWARDJ. C"P R, City Attorney Title: Page 21 of 21 Pages Sant. Ana Neigbborhood Housing Services, Inc. PROPOSED BUDGET PnR CI)BG LOAN PROGRAM L. ----- income ----- — ----_.....,._..------_-.-„__...-T_... ----[rf-} � [-S--- To -Lai Exhibit A # ca �.) Y t_i C) 1617 West 7th Street • Santa Arta, California 92703 (714) 547-7143 The CDBG program of Santa Ana Neighborhood Housing Services consists of using the grant funds to finance the rehabilitation of residences of eligible persons and/or families. The grant funds will be drawn down in progressive amounts to pay for the rehabilitation work as completed, for which the home owner/tenant will sign a promissory note and execute a Deed of Trust with SANHS named as beneficiary to secure repayment of the grant funds used, i.e. the person/family in effect borrows the funds used for the rehabilitation. SANHS will establish a fund in an account with a financial institution where borrowers will make%.repayments. The repayments will be used to fund more CDBG eligible residential rehabilitation projects. Exhibit B 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 employe of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) 1f 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 subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Santa Ana Neighborhood Housing Services,,Inc. Low/Mod Rehabilitat-inn ,ins Grantee/Contractor Organization Program Title Douglas J. Bystry Name of Certifying Officer Si1atur EXHIBIT C Date DISCLOSURE OF LOBBYING ACTIVITIES 3 App "rM'OMa Complele " bon to Asc6e bbbyinS schivldet pursuant to 91 U.S.C.1id! (See revert hor pubWlic burden dlsdoaur e 1 !� Typ.! Beier &"v ! SWae N Ricoh Acdow �. K"Por{ TES s. aontracl C- pcow+eperaHvi j-`"'y A. bldrofferlappll"flon l.—lI b. �'""' a. Wtlsl filing L.� J b. sn:iteeial tthhan�e a fteement Initlal award d, ban e. posh -«ward Srf Mde.W Change owr: e. ban F�uuumlef Yb "of (. lom Insurance date of last report N NW" awl A"m of sepMdwg EwNtp IL of hl Me. + Is Ss& w&&w bder None t] P&M d Subawardee Tier . Hfu►owrn. bhstnc�l, H k»owrr f llMaict H brown IL f"erel be$arinw"vA$encyr 7. Federal Program Na wDeseriptlow CFDA Number, H applicable; IL .'federal Actbn Nwrrber. t<kns>w+rs !. Award Amount, Hknown: t fe a Nance and Address of tobtrrb+g Entltr (if ir w"al, last name, firs name,1 M lr fedlvldpah Per( Serrkes (lrrcludinS addrtsr it (fifterom horn No. mAT (last name, fast nacre, Mik a anNn a tt1 It. MrowA of parrwarr! fchtck 8# that #A*h 11. Typo of hyrne�t fcheek df that APF401 >i (7 Actual 0 planned O a, relainer sL Fora of t orrnenl (check afl that aMlyh, O b, one-time lee ❑ e- commission d a. unh o d. contingent fee 13 b. in -kind; spedfr: nature O e. deferred _ value la f. other, spedfr; tL add besc*loe of Serykes Perfatwed or to be, redo' inred and baits) of Service, including officertsl, ernployeetsl, rrr Mearbertsi teeladtA lot ►arrrrent Indicated b tiern III f! CfKAW-lbw $6*910 Srdltt-A etiatlrert, d Yes tO No IL "W""- d-o"Ph 6 rhri Ill 0& 01 Uxe- s�eWn rrli n,a+ ul hiigArq aHlrhlM d s w�M■,Id wpN.wlHlnq SlgrrafrNe: pi"W M W. M. 0"rA.� 1Wr f'rhnt Nacres m U.iG rail 4Ni, ie�,w� wrM�,� �ii ►� ,T�+� M 1� fsay.s� �nwl- aw r.. ,.0+.r aKr..,., sr.a... w++ �++►..� rrP • ROe� y�j nM ,4q 1RM #le*hrOrre �+}, ._..... _ - 1)aefls .=:d;:.� ���i�. �f�: Aa16�t1arJ iw a«r a.r►.a„cw. ATTACHMENT T To EXHIBIT C PAGE ONE OF THREE PAGES INS utrfONg Ft.. COMPl.E11ON OF Sp-" 1115CLOSbytt Of LOBBYING ACTIVITIES This disclosure lorrn 66N be tompleled 4 the repodint entity, tnlhelhl tF 44it Irdee or prime Federal red lent, at the InPlhdon Of receipt of i covered Fedetal aetlon, at A rnaledal chenRe ter 1 pravlout Iltin�, pursuant to title 31 U.S.0 eeeven 111151. The rm"I of a form Is mquf" hw each ptryrh►ent of a ment to snake payment to any lobbying entity for Influendne or attempting to Woenc# tih offleer of aeilreq of 1ny saincy, a Member of Congrers, an officer or empployee of Congress, or tin omplow of a Mtmbet Mtn to In connettlon with a covered Federal aeTion. Ust the SF -Its -A Continuation Sheet for sddltfnnld Informillon If the space on the form Is Inadequale. Complete ati items that .pply for both the Initial Aling And material chin a repot#. Refer to the ImplenitntinN guldsnce published by the office of - Management and budget low addlllonal Infotmilen. 1. identify the type of covered Federal bellon for which lobbying activity Is and/or has been secured to Influence the outcome of a covered Federal action. 2. Identify the status of the covered Federsi action. 3. Identify the appropriaie riatelficatlon of Ihls report. If This I$ a follewup report caused by a material 63niie to the Info►mstion previously rtporied, e+rler the year lend stuMtr in which the chance occurred. triter the date o] the last prewously submitted report by this reporting entity for this covered Federal colon. 4. Wei the full name, address, city, limit and tip code 61 the reporting entity. Include Congressional District, If known. Check the approprule classification of the reporting entity that designates II It It, or expects to be, a prime or subaward mcl lent. Identify the tier of the tubawardee, e.g_, the first subawardee of the prime is the 1st tier. Subiwords Include but are not limited to subcontracts, suberants and contract awatds under grants. 5. If the organftatlon filing clam report In Item 4 checki "Subawardee", then enter the full name, address, rjiy, stale and zip tode of the prime Federal teclplent. Include Congressional bislrict, If known. 6. Net the name of the Federal agency massing Ih@ award or loan commitment. Include at least one organitationil level below agency name, If known. For example, Department of Transportation, Unites) State* Coast Guard. 7. Enter the Federal program name or descripilon lot the covered Federal action /item 1). 11 known, enter the full Catalo� of Federal Domestle Atsistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 0. Enter the most approprtste Federal ldentlfylng slumber avallable for the Federal actlbn Identified In Item i fe,g., Request (Or Ptopasal fAF?) number, lnvlta Ion for Old (IFS) number, grant announcement number, the contract, grant, or loan award number, the application/propotal control number assigned by the Federal sgencyl. Include Prefixes, e.g.,1RFP•DE-9o-A01." !. For A covered Federal action where there has been an award or loan commitment by the Federal agency, enter the tetl#fil amount of the awerdAoan cote mltmenl lot the prince entity Identified In Item 4 or S. 10. lall'nler the full name, lddress, City, slate and tip tode of the 6b60ng t►ntity engaged by the reporting entity Identified In Item 4 to Influence Ih! eovered Federal action. (b)Enter the futf names of the Individual(s) performing lerAces, and Include full address if different from 10 (a). Enlet List Name, First Name, and Mlddle Inlllal (MI). 11. Enter the amount of compensallen paid at reasonably etrpected to be pald by the reporting entity (ltern {) to the lobbying entity (Item 101.. Indicate. whether the payment has been made (actual) or will be made (plannedl: Check all boxes that apply. If this Is a material change report, enter the eumulalivh amount of payment made or planned to b! made, 12. Meek the approprlale 61K(0!9)*-heck in boxes that apply. If payment It made through an in -kind conirtbution, +peeffy the nature and value of the In-Wnd payment. 13. Check the appropriate boater). Check all bowel thsit apply. If other, epedfy nslurl!. 14. Provide A spedfic and "Stied descriptlon of the aerAteit that the lobbylet has performed, or will be expected to perform, and the dale(t) of any services rendertd, Include all ppreparatory and related activity, not lust time spent in actual contact with Federal officials. Identify the Federal oMdalts) or ernployee(s) contacted or the aMteris), employee("), slat Membertsl of Congreil that wert contacted. 15. Check whether or not a 01LL-A Condnwthm Shtteelta) h attached. 1l. tf+e ktriffyfng aMdal shall sign end date the been, pslnl NOW hAsne, rill#, tend lelephorre number. +"Use rrjlbrttry bswdew for tr,is teltettiorn of knf8esnailon_b isttsrnated M ewsees�e Ae r>ekotne� pca raspeo,�, Gtt9s►ding tM+c Par revle.rins f—A111h. lend aeu cars, Rattntrb� send mainlakitry d+r �u ++ererkd, ind #err ►lerf►y deed re..4e W!1 the conectton of cerrwrrerrMa""1l d,e bu►d:n aasir+►att ee any ed►wr ,Mpret of LMs tei♦eclbn of In4armatbn. Including suncetlonr fo. nedrrc6ng flair bu.ders, b clam tDlik• bf Mwsyhnent and lsKlgfl, hparworp •educrio;h t',vkN Pelt•-atoAil, Washingson. t),t~.:oSe1. AITACHMENT I TO EXH1131T C PAGE IM OF MIREE PAGES nisa �SUItt or LOBBYING ACTIVITIES 03 '" °"" CO"NUATfON SHFET Reper&4IrAkr rest «r UNA"..... uw ATTACHMENT I TO EXHIBIT C PAGE THREE OF MIREE PAGES EXHIBIT D NON --DISCRIMINATION (a) SUBRECIPIENT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age or handicap. SUBRECIPIENT shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age or handicap. SUBRECIPIENT shall take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, national origin, age or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rate 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 setting forth the provisions of this non-discrimination clause. (b) SUBRECIPIENT shall in all solicitations or advertisements for employees placed by or on behalf of SUBRECIPIENT,- state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, national origin, age or handicap. (c) SUBRECIPIENT shall send to each labor union, or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by CITY's contracting officers, advising the labor union or workers' representative of SUBRECIPIENT's commitments under Section 202 of Executive Order No. 11246 of September 24, 1965, available to employees and applicants for employment. (d) SUBRECIPIENT shall comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (e) SUBRECIPIENT shall furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders, and shall permit access to its books, records and accounts by CITY and the Secretary of Labor for Purposes of investigation to ascertain compliance with such rules and regulations. (f) In the event of SUBRECIPIENT's noncompliance with the nondiscrimination clauses of this agreement or with any of such rules, regulations, or orders, this agreement may be canceled, terminated, or suspended in whole or in part and SUBRECIPIENT may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order No. 11246 of September'24, 1965, and such other sanctions as may he imposed and remedies invoked as provided in Executive order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (g) SUBRECIPIENT shall include the provisions of Paragraph (a) through (g) hereinabove in every subcontract or purchase order unless exempted by rules, regulations, or order of the Secretary of Labor issued pursuant to Section 204 of Executive order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. SUBRECIPIENT shall take such action with respect to any subcontract or purchase order as the contracting agency may direct as a means of enforcing such provisions including sanctions for noncompliance: provided, however, that in the event SUBRECIPIENT becomes involved in, or is threatened with, litigation with subcontractor or vendor as a result of such direction by the contracting agency, SUBRECIPIENT may request the United States to enter into such litigation to protect the interests of the United States. (h) SUBRECIPIENT shall not discriminate on the basis of age in violation of any provision of the Age Discrimination Act of 1975, 42 U.S.C. Section 6101 et sect., or with respect to any otherwise qualified handicapped individual as provided in Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. Section 794.