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HomeMy WebLinkAboutOPERATION CLEAN SLATE_. :3 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND OPERATION CLEAN SLATE FOR USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS'' ThI Agreement, made and entered into this day of fir?r! r 2000, by and between the City of Santa Ana, --a • municipal corporation of the State of California ("CITY")_and Operation Clean Slate, a California nonprofit corporation ("SUBRECIPIENT"), W I T N E S S E T H Recitals: 1. CITY is the recipient of Community Development Bloch Grant ("CDBG") 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," 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 hereby agree as follows: A. 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 B," 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 under Paragraph II hereof. B. SUBRECIPIENT agrees to complete said program on or before June 30, 2001 and to use said funds to pay for necessary and reasonable costs allowable under the federal law and regulations to operate said program. Said amounts shall include, but not be limited to, wages, administrative costs, and employee benefits comparable to other Page 1 of 14 similarly situated employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit A," attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income received from said funds only for the same purposes for which said funds may be expended pursuant to the terms and conditions of this Agreement. ---C. SUBRECIPIENT agrees to obtain and maintain all requifed 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. D. SUBRECIPIENT agrees that any facilitylproperty used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activity(ies). Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating 'thereto, SUBRECIPIENT shall immediately make good -faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY immediately of any pending violations. Failure to notify CITY of pending violations, or to remedy such known violation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder. E. 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 Three Hundred Thousand Dollars ($300,000.00) or more in CDBG funds under the terms of this Agreement, 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 October 1 of the year following the program year in which this Agreement is executed. F. 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. Page 2 of 14 SUBRECIPIENT agrees to keep monthly records of all ethnic and racial statistics of persons and families benefited by SUBRECIPIENT in the performance of its obligations under this Agreement, including, but not limited to, the number of low and moderate income persons and households assisted in accordance with federal income limits, number of female heads of households, and number of senior citizens assisted. SUBRECIPIENT agrees to provide CITY with written cumulative (year-to- date) reports of its activities on or before the 15th day of October, January, April and July for the period beginning July 1, 1999 and through and including the previous three-month reporting period setting forth the activities, program accomplishments, new program information and year-to-date program statistics on expenditures, caseload and activities. When appropriate, pictures 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 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 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, 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. G. 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 four (4) 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 four (4) years until resolution or disposition of such appeals, litigation, claims, or exceptions. H. 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 Page 3 of 14 regulations found at Title 24 of the Code of Federal Regulations and the certifications more particularly set forth in "Exhibit C," attached hereto and by this reference incorporated herein. 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. I. 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. J. 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. K 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. L 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. M. 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. N. SUBRECIPIENT hereby certifies and agrees that it will not use funds provided through this Agreement to pay for entertainment, meals or gifts. O. 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, Page 4 of 14 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. P. 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 agencies, or the SUBRECIPIENT. IL CITY`S OBLIGATIONS A. 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 2000-01 CDBG program year amounts expended by SUBRECIPIENT in carrying out said program for fiscal year 2000-01 pursuant to this Agreement up to a maximum aggregate payment of Twelve Thousand Dollars ($12,000.00) 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 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.F. hereinabove in CITY's annual audit of all CDBG funds in accordance with applicable federal regulations. Page 5 of 14 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, except as provided below in Paragraph III.C. When such income is generated by an activity that is only -.partially assisted with CDBG funds, the income shall be prorated Ito• reflect the percentage of CDBG funds used. B. Program income includes, but is not limited to the following: 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, except as provided in 24 CFR 570.500(a)(3).' 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; 4: Gross income from the use or rental of real property owned by the SUBRECIPIENT that was constructed or improved with CDBG funds, less the costs incidental to the generation of such income; CDBG funds; 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 8. Interest earned on funds held in a revolving fund account; 9. 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 income earned (except for interest described in 24 CFR 570.513) on grant advances from the U.S. Treasury. The following items of income earned on grant advances must 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: Page 6 of 14 1. Interest earned from the investment of the initial proceeds of a grant advance by the U.S. Treasury; 2. Interest earned on loans or other forms of assistance provided with CDBG funds that are used for activities determined by HUD either to be ineligible or to fail to meet a national objective or other federal criteria [24 CFR 570.500(a)(2)] _ �. 3. Interest earned on the investment of amounts reimbursed to the CDBG program account prior to the use of the reimbursed funds for eligible purposes. D. The receipt of program income (as defined in Paragraph III.A. hereinabove) by SUBRECIPIENT in the operation of said program shall be recorded by SUBRECIPIENT and reported to CITY. E. Program income received by SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement. IV. NONDISCRIMINATION SUBRECIPIENT agrees that no person on the ground of race, color, national origin, religion or sex will be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with CDBG funds. 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: 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, Page 7 of 14 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. D. 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. 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, 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: Mike Howard, Executive Director OPERATION CLEAN SLATE 1578 Minorca Drive Costa Mesa CA 92626 Page 8 of 14 Vlll. 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. IX. HOLD HARMLESS SUBRECIPIENT shall indemnify 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 A. SUBRECIPIENT shall furnish the CITY Clerk's Office with an insurance certificate from its workers compensation insurance carrier certifying that it carries such insurance as established and required under California law and that the policy shall not be canceled nor the coverage reduced except upon thirty (30) days prior notice to CITY. B. SUBRECIPIENT shall obtain, at its sole cost, a policy or policies of commercial general liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall: (1) name the City of Santa Ana, its officers, agents, representatives, employees and volunteers as additional insureds; (2) be primary with respect to insurance or self-insurance programs maintained by the CITY; (3) contain standard separation of insureds provisions; and (4) give to CITY prompt and timely notice of claim made, or suit instituted arising out of SUBRECIPIENT`s operations hereunder. Page 9 of 14 SUBRECIPIENT shall: (a) 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; (b) provide that such insurance shall not be materially changed or terminated except on 30 days prior written notice to the CITY; (c) maintain such insurance for the period covered by this Agreement; and (d) replace such certificates for policies expiring prior to the expiration of this Agreement. 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. 124 CFR 570.503(b)(8).j 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 A 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. 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), Page 10 of 14 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 paragraphs "XII. TERMINATION" and "Ill. 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 Page 11 of 14 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 subparagraphs XII.A. through XII.D., 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. Xpl. 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. 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. Page 12 of 14 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 thls 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. Page 13 of 14 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 as of the last date and year written below. DATED: s- ­- / - (aO PATRICIA E. HEAL Clerk of the Council DATED: 00-01 AGMt CDBG Op Clean Slate CITY OF SANTA ANA, AVID D N. �RE A City Manager io EPH 'FLETCHER, City Attorney M A URk""FAV0101MM"A MM111 MICHAEL HOWARI)d Executive Director 4 COLLEEN RASHFIR�f/,Vice President/ Board of Directors Page 14 of 14 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM 2000-2001 BUDGET OPERATION CLEAN SLATE Executive Director .................................................... $5,760 ProjectCoordinator ............................... .... ............. .......2,1.60 AdministrativeAssistant.............................................1,680 Project Materials & Supplies.................................................1,750 Liability Insurance, Licenses & Permits....................n..............500 MiscellaneousExpenses...............................0...........................150 (Education, Film Development, Postage, Fax, Etc.) TOTAL ............................. $1.2,000 EXHIBIT A PROGRAM STATEMENT Operation Clean Slate is a campus and community beautification program for youth. We will implement our projects at park facilities and school campuses in the City of Santa Ana. Over 100 Santa Ana residents will be involved in our hands on beautification projects that will take place at Salgado Center, Friendship Park, Mc Padden Intermediate School and one other location to be named. EXHIBIT B Certification, Regarding Lobbying Gertif ication for Contracts. Grants Loans, and Cooperative� Agj_ - n 1_- s The undersigned certifies., to the best of his or - her knowledge and belief,, tT).at (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. CoUtinuatiou,, renewal, zme&ment, or- modific-ItiOu of any Federal contract, 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 Hetaber of Congress,- an officer or employee of Congress, or an employee of a Member of- Congress in connection vitliL this Federal contract, grant. loan, Or coopeiative agreement, the undersigned sbAll. complete and submit, Standard Form-IML, '"Disclosare Form to Report Loblpyiug in accordance Vith its instructions. (3) The undersigned shall requ'xe . that the of this certification be :LU13-11 in the avarii 4-oc,=euts for all subw4ards at' all. tiers (including subcontracts. . subgrants, and. contracts vMder grants. loans, and. -cooperative agreements) and that all subreelpients sbaU -,certify and disclose accordimgly. This certification is a material representation of_fact.upou which reliance was placed when -this transaction- vas- made or -entered -juto. � Submission of this ,Certification is a -prerequisite for naldmg -,or entering into this transactiouL imposed by -section 1352, title 31, U_ S. Code.- Any person -Y&O - fails to.. file the i:equired certificatiou- shall be subject to -a civil penalty of not less than- �19,000 and not more than M0,000 for each such -failure- Grantee/Cour-ractor Organization Program Title It iia�ie of Certi fying Officer Signature Date EXHIBIT C Disclosure of Lobbying Activ. '7'-s Complete L11is form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse side for Instructions and Public Reporting burden statement) 1. typo of hecierai Action ❑a. contract b. grant c. cooperative agreement d. loan e. loan guarantee I. loan insurance 2. Status of Federal Action ❑a. bid/offer/application b. initial award c. post -award 4. Name and Address of Reporting Entity ❑ Prime ❑ Subawardee Tler , if known: Congressional District, if known a. veoerat uepartment/Agency Approved by OMB 0348-0046 3. Report Type ❑a. initial filing b. material change For Material Change Only year (yyyy) quarter date of last report (mmiddlyyyy)_,�_ _ S. If Reporting Entity In No. 4 is Subawardee, enter Name and Address of Prime _ Congressional District, if known 7. Federal Program Name/Description CFDA Number, if applicable 8. Federal Action Number, if known 9. Award Amount, If known 100. Name and Address of Lobbying Registrant (if individual, last name, first name, MI) b. Individuals Performing Services (Induding address If different from No. lea.) (last name, first name, MI) (attach continuation beet(s) if necessary) 11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ actual punned a. retainer 12. Form of Payment (check all that apply) b. one-tlme fee Fla. cash C. commission b. in -kind; specify: nature d. contingeni fee value e. deferred f. other (specify) 14. Brief Description of Services Performed or to be for Payment Indicated in Item 11 Performed and Date(s) of Service, Including officer(s), employee(s), or Member(s) contacted, (attach continuation sheets) if necessary) 15. Continuation sheets attached 11(attach ❑ Na a, fntormation requested through this form is authorized by Sec.319, Pub. L. 101-121, 103 Stat. 750, as amended by sec. 10, Pub. L.104- 65, Stat. 700 (31 U.S.C. 1352). This disclosure of lobbying activities -is a material representation of fact upon which reliance was placed by the above when this transaction was trade or entered Into. This disclosure is required pursuant to 31 U.S.C. 1352. This Information will be reported to the Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000, and not more than $100,000 for each such failure. Signature Print Name - Title Telephone. No. Date (mm/dd/v Authorized for Local Reproduction Standard Form-LLL (7/97) ATTAPMENT _I TO EXHIBIT C -- PAGE 1 Of 2 instructions for Completion of SF-LLL, closure of Lobbying Activities This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action 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 Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change -to the informa- tion previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and -zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1,st tier. Sdbawards'include.but are not limited to subcontracts, subgrants and contractawards under grants. 5. If the organization filing the report in item 4• checks "Subawardee", then enter the full name, address, city, state and zip code.of the prime Federal recipient, Include Congres- sional District, if known. B. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. .Enter the Federal program name or description for the cov- ered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number avail- able for the Federal action identified in Item 1 (e.g., Bequest for Proposal (RFP) number; Invitation for Bid (IF13) number; grant announcement number; the contract,_ grant, or loan award number; the application proposal control number as- signed by the Federal agency). Include prefixes, e.g., "RFP- DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. - -10. (a) Enter the full name, address, city, state and zip code of the registrant under the Lobbying Dlsclostfre Adt",011995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full navies of the individual(s) performing ser- vices, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. Enter the amount of compensation paid or reasonably ex- pected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made. (planned). Check all boxes that apply. If this Is a material change report, enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box (es). Check -all boxes that apply. _ If payment is made through an in -kind contribution, specify the nature and value of the in -kind payment. 13. Check the appropriate box (es). Check all boxes that apply. If other, specify nature. 14. Provide specific and detailed description of the services that the lobbist has'performed, or will be expected to perform, and the date(s) of any services rendered. prelude all preparatory and related activity, not just the time spent in actual contact with Federal officials. Identify the Federal official(s) or employee(s) contacted or the offloer(s), employeo(s), or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s) are attached. 16. The certifying official shall sign and date the form, print his/her name, title, and telephone number. Public Reporting Burden for this collection of information Is estimated to average 30 minutes per response., including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Please do not return your completed form 16the.Offiee of Management and Budget; send It to the address provided by the sponsoring agency . Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, DC 20503. ATTACHMENT I TO EXHIBIT C =- PAGE- -2 -of 2 Authorized for Local Reproduction Standard Form-LLL (7/97) EXHIBIT D SUBRECIPIENT Warrants the following: 1_ SUBRECIPIENT will camply with Public Law 88-352, title VI of the Civil Rights Act of 1964 (42 U.S_C_ §200o et sect_) and implementing regulations in 24 CFR Part 1. 2_ No -person in the United States shall on the `ground of race, color, religion, national origin, Lor sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under, any pram 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 gages at rates not less than those prevailing on similar construction in the locality as determined in accordance�vith the Davis -Bacon Act, as amended, 40 U.S.C. 5§276a-276a-5, except for individuals who perfom services for which they volunteered;• do not receive compensation•for :such •services; or are paid expenses, reasonable •benefits, • or a nominal fee for suciX .services; • .and are not otherwise employed at any time in construction. work; 4. SOBRECIPIEN`1' wi3.i.,comply.Ywith all Federal,..statutes, appiicable to prof eats funded with cow amity development funds, except *that. (a) SMRECIPIENT does not assume . C y4s environmental responsibilities described at 24 CPR 570.604; and (b) SUBRECIPIEW does not assume MtY's responsibility for initiating the review Process under Executive Order 12372.