HomeMy WebLinkAboutMERCY HOUSE CENTER 3G
AGREEMENT TERMINATION
Please complete this form when the attached agreement is no longer in effect.
Return form to the Sr_ Deputy Clerk of the Council (M-30). Call 647-5238 if you have any
questions.
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City of Santa Ana
Revised 8-7-03 Clerk of the Council
A-2005-078-023
INSURANCE 4 ON r1LE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
DATE:��(U� sios
AGREEMENT BETWEEN THE CITY OF SANTA ANA AND
MERCY HOUSE TRANSITIONAL LIVING CENTER FOR USE OF
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
(With Provisions Relating to Compliance with Title X
and 24 CFR Part 35 Relating to Lead Based Paint)
This Agreement, made and entered into this loth day of June, 2005, by and between the
City of Santa Ana, a charter city and municipal corporation of the State of California ("CITY") and
Mercy House Transitional Living Center; a California nonprofit corporation ("SUBRECIPIENT"),
WITNESSETH
Recitals:
A. The CITY, as an entitlement recipient and grantee of the United States Department of
Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG")
Program, desires to enter this Agreement with the SUBRECIPIENT for the expenditure of CDBG
funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seq.
("CDBG REGS"); and
B. CITY has applied for and received CDBG funds from HUD pursuant to Title I of the
Housing and Community Development Act of 1974, Public Law 93-383, as amended ("ACT"); and
C. The SUBRECIPIENT is a private nonprofit agency that has been selected by the CITY to
receive CDBG funds and administer such financial assistance; and to provide the services described
in Exhibit A, in accordance with the schedule of performance included therein, hereinafter referred
to as "said program". SUBRECIPIENT represents that it is qualified and willing to operate said
program and certifies that the activities carried out with funds provided under this Agreement will
meet one or more of the CDBG program's National Objectives (24 CFR Part 570.208).
D. SUBRECIPIENT agrees that it will adhere to the performance measurements and
outcomes as indicated on Exhibit B ("Scope of Work"). Failure to follow the measurements and
meet the stated outcomes may constitute breach of contract that could result in termination of
this Agreement or serve as reason for the City to recapture the grant funds awarded to
SUBRECIPIENT pursuant to this Agreement.
E. Title X of the 1992 Housing and Community Development Act (Title X) established
requirements relating to lead based paint ("LBP") in housing receiving federal assistance,
in particular requirements relating to (i) notification (including pamphlet distribution, disclosure to
purchasers and lessees, notice of lead hazard presumption or results of evaluation, and/or lead
hazard reduction), (ii) lead hazard evaluation (including visual assessment, paint testing, and/or risk
assessment), (iii) lead hazard reduction (including paint stabilization, interim controls, standard
treatments, or abatement depending on the requirements for housing activity type), (iv) ongoing
maintenance, if required, and (v) response to children with environmental intervention blood lead
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levels, as required; and
F. On September 15, 1999 HUD adopted implementing regulations to Title X that became
effective September 15, 2000 as set forth in 24 CFR Part 35, et seq. ("LBP Regs"), which establish
specific rules regarding notification to owners and occupants about the existence of LBP hazards,
identification of LBP hazards, and control of LBP hazards; and
G. Residential structures built after January 1, 1978 are exempt from lead -based paint
requirements as the use of lead -based paint was banned for use in residences after this date by
Congress (24 CFR Part 35.115). Therefore, the Title X requirements set forth herein shall not be
applicable if the structures involved were built after January 1, 1978.
H. Subpart K - Acquisition, Leasing, Support Services, and Operation of the LBP Regs,
sets forth specific requirements relating to housing providers, such as SUBRECIPIENT, who
administer local programs that provide supportive housing for special needs populations and are
funded by HUD Office of Community Planning and Development ("CPD") programs, including
CDBG funds, as provided to SUBRECIPIENT under this Agreement; and
I. In connection with the grant of funds under this Agreement, CITY requires that
SUBRECIPIENT comply and evidence of compliance with all applicable requirements of Title X
and the LBP Regs, in particular Subpart K relating to acquisition, leasing, support services, or
operations, and Subpart J relating to rehabilitation, as and when applicable; and
J. In connection with the grant of funds under this Agreement, CITY requires that
SUBRECIPIENT comply and show evidence of compliance with all applicable requirements of
Title X and the LBP Regs, in particular Subpart M relating to tenant based rental assistance, as and
when applicable; and
K. Attached and hereby fully incorporated to this Agreement are the following notification
attachments: Attachment No. 1 entitled "Protect Your Family From Lead In Your Home",
EPA747-K-99-001, Attachment No. 2 entitled "Sample Disclosure Format for Target Housing
Sales, Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards", and
Attachment No. 3 entitled Sample Summary Risk Assessment Notice Format'; provided however,
that such attachments are not intended to modify or limit SUBRECIPIENT'S obligation to fully
comply with all applicable provisions of Title X and the implementing regulations in the LBP Regs;
and
L. By this Agreement SUBRECIPIENT will accept assignment from the CITY of all
responsibilities set forth in Subpart K of the LBP Regs; and
M. The CITY and SUBRECIPIENT have duly executed this Agreement for the expenditure
of such funds; and
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WHEREFORE, it is agreed by and between the parties, that the foregoing Recitals are a substantive
part of this Agreement and the following terms and conditions are approved and together with all
exhibits and attachments hereto, shall constitute the entire Agreement between the CITY and
SUBRECIPIENT:
I. SUBRECIPIENT'S OBLIGATIONS
A. Non -Profit Status - Representations and Warranties.
(1) SUBRECIPIENT acknowledges that its operations and the services it provides to the
community are subject to Subpart K (and, in some instance(s) Subpart I and/or Subpart M) of the
LBP Regs.
(2) SUBRECIPIENT acknowledges that its operations and the services it provides
includes: (a) acquisition, leasing, or ownership of residential property for the purpose of
providing affordable housing for persons with special needs, such as transitional housing, or
(b) housing for persons with special needs, such as the disabled, or (c) financial assistance to
assist transitional housing participants to move to permanent housing by paying for the first
month's rent or security deposit, or (d) tenant -based rental assistance to program participants
who choose their own housing units, and by provision of such services such housing is subject to
the requirements of the LBP Regs.
(3) Representations:
(a) Authority. SUBRECIPIENT is a duly organized and existing non-profit
corporation in good standing and authorized to do business under the laws of the State of
California. SUBRECIPIENT has full right, power and lawful authority to accept the funding
hereunder and to undertake all obligations as provided herein and the execution, performance
and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite
actions on the part of SUBRECIPIENT.
(b) Experience. SUBRECIPIENT is a qualified provider of the services to be
provided hereunder.
(c) Familiarity With Services Required. By executing this Agreement,
SUBRECIPIENT warrants that (i) it has thoroughly investigated and considered the services to
be performed and provided hereunder, (ii) it has carefully considered how the services should be
performed, and (iii) it fully understands the facilities, difficulties and restrictions attending
performance of the services under this Agreement, inclusive of compliance with the LBP BEGS.
Should SUBRECIPIENT discover any latent or unknown conditions materially differing from
those inherent in the work or as represented by CITY, it shall immediately inform CITY of such
fact and shall not proceed except at SUBRECIPIENT'S risk until written instructions are
received from CITY'S representative.
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(d) No Conflict. To the best of SUBRECIPIENT'S knowledge,
SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement
will not constitute a default or a breach under any contract, agreement or order to which
SUBRECIPIENT is a party or by which it is bound.
(e) No Bankruptcy. SUBRECIPIENT is not the subject of any current or
threatened bankruptcy proceeding.
(f) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a
current or threatened litigation that would or may materially affect SUBRECIPIENT'S
performance under this Agreement.
(g) Application Veracity. All provisions of and information provided in
SUBRECIPIENT'S application for funding submitted to CITY including any exhibits are true
and correct in all material respects.
(h) No Pending Investigation. SUBRECIPIENT is not aware that it is the
subject of any current or threatened criminal or civil action investigation by any public agency,
including without limitation a police agency or prosecuting authority, that would relate to affect
performance of the Agreement or provision of services hereunder.
(4) Compliance with Subpart K of LBP Rees. Subpart K — Acquisition,
Leasing, Support Services, or Operation
(a) SUBRECIPIENT acknowledges and agrees that it shall comply with and
implement the requirements set forth in Title X and the LBP Regs to eliminate, as far as
practicable, LBP hazards in all residential property that is under its ownership, possession, or
control and/or residential property occupied by persons or families that receive financial or other
assistance from SUBRECIPIENT.
(b) SUBRECIPIENT shall provide a notice to all residents/occupants of
residential property that is under its ownership, possession, or control and/or residential property
occupied by persons or families that receive financial or other assistance from SUBRECIPIENT
in accordance with Section 35.125 of the LBP Regs.
(i) SUBRECIPIENT acknowledges that in connection therewith a visual
assessment is not considered an evaluation for purposes of the LBP Regs.
(c) Notification (24 CFR 35.130). SUBRECIPIENT shall provide the LBP
hazard information pamphlet in accordance with Section 35.130 of the LBP Regs to all
occupants, owners, and purchasers of housing.
(i) The pamphlet shall be the EPA/HUD/Consumer Product
Safety Commission lead hazard information pamphlet or an EPA -approved
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equivalent. The current form and version of the pamphlet is attached as
Attachment No. 1 to this Agreement.
(ii) SUBRECIPIENT shall cause to be disclosed to all purchasers
and lessees available information and knowledge regarding the presence of LBP
and LBP hazards prior to selling or leasing a housing unit in accordance with 24
CFR 35, Subpart A. The current form and version of such notice is attached as
Attachment No. 2 to this Agreement.
(iii) SUBRECIPIENT shall ensure that all occupants, owners, and
purchasers of housing be notified in writing of the results of the presumption of
LBP and/or LBP hazards, and results of any lead hazard evaluation, and any lead
hazard reduction work in accordance with 24 CFR 35, Subpart A. The current
form and version of such notice is attached as Attachment No. 3 to this
Agreement.
(d) Lead Hazard Evaluation (24 CFR 35.125). SUBRECIPIENT shall conduct
all activities described in Section 35.1015 relating to visual assessment, paint stabilization, risk
assessment, and maintenance with regard to all residential property that is under its ownership,
possession, or control and/or residential property occupied by persons or families that receive
financial or other assistance from SUBRECIPIENT, except for the exemptions described below
in section 4 (d)(i)(1).
(i) SUBRECIPIENT shall cause a visual assessment to identify
deteriorated paint in all residential property that is under its ownership, possession, or control
and/or residential property occupied by persons or families that receive financial or other
assistance from SUBRECIPIENT.
(1)Section 35.115(a) provides exemptions from Subparts B
through R of the LBP Regs including without limitation, (a) short term emergency assistance
lasting less than 100 days cumulatively is exempted from compliance with Subpart K as to such
short term rental assistance units, and (b) exemption for zero -bedroom units, including SRO
units, for which occupancy by a recipient of SUBRECIPIENT' S services is for less than 100
days, and (c) exemption for residential housing units constructed after January 1, 1978.
(ii) To the extent that the assistance provided by SUBRECIPIENT
to persons or households meets one or more of the exemptions set forth in the LBP Regs, then
compliance with the notification, evaluation, reduction, clearance and other requirements of the
LBP Regs is not required related to the subject housing unit due to such exemption.
(iii) SUBRECIPIENT shall comply with the applicable provisions
of both Subpart K and Subpart M (Tenant Based Rental Assistance) of the LBP Regs as to all
tenant -based long term housing assistance, i.e., assistance to persons/households residing in
housing units cumulatively for more than 100 days. If SUBRECIPIENT has knowledge that an
assisted family or household will occupy a dwelling unit for more than 100 days, the LBP Regs
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require evidence of compliance prior to occupancy. Funding to be provided hereunder is
conditioned upon evidence of compliance.
(1) Subpart M applies to all dwelling units occupied to be
occupied by families or households that have one or more children of less than 6 years of age, as
well as the common areas servicing such dwelling units, and exterior painted surfaces associated
with such dwelling units or common areas. LBP compliance requirements relating to such
dwelling units includes, without limitation: notification, evaluation by visual assessment, paint
stabilization utilizing safe work practices, and clearance.
(2) CITY advises SUBRECIPIENT that in the event the
services provided hereunder include rental assistance payments, such as first and last month's
rent and/or security deposit, and the assisted tenant executes a lease for long term occupancy,
including occupancy in the same dwelling unit for more than 100 days, then the provisions of
Subpart M (Tenant Based Rental Assistance), will apply (unless otherwise informed and directed
by HUD). In this regard, CITY advises SUBRECIPIENT that Subpart M requires HQS
inspection of each dwelling unit prior to occupancy and prior to compliance with applicable
notification, evaluation by visual assessment, reduction through paint stabilization utilizing safe
work practices, and clearance requirements of the LBP BEGS.
(e) Lead Hazard Reduction Work. SUBRECIPIENT shall cause LBP hazard
reduction, such as paint stabilization, interim controls, standard treatments, or abatement of all
residential property that is under its ownership, possession, or control and/or residential property
occupied by persons or families that receive financial or other assistance from SUBRECIPIENT,
except as exempted as described in subsection 4(d)(i)(1) above.
(1) If paint stabilization occurs, SUBRECIPIENT shall cause paint
stabilization of each deteriorated surface and clearance of residential units pursuant to Section
35.1330(a) and (b) shall occur before occupancy of a vacant dwelling unit, or where a unit is
occupied, immediately after receipt of the CDBG FUNDS hereunder.
(2) Safe Work Practices shall be used in all LBP hazard reduction work.
(3) Clearance shall be conducted to confirm that no LBP hazards remain
when LBP hazard reduction work is complete. Confirmation of clearance by written certification
of a qualified inspector is required on an annual basis in connection with submittal of the April
15 quarterly report.
(f) Ongoing Maintenance. SUBRECIPIENT shall incorporate ongoing LBP
maintenance activities into regular building operations in accordance with Section 35.1355(a) for
all residential property that is under its ownership, possession, or control and/or residential
property occupied by persons or families that receive financial or other assistance from
SUBRECIPIENT, except as exempted as described in subsection 4(d)(i)(1) above.
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(1) Ongoing maintenance includes confirmation of clearance which shall
be conducted to confirm that no LBP hazards remain when LBP hazard reduction work is
complete.
(2) Ongoing maintenance also includes confirmation of clearance by
written certification of a qualified inspector on an annual basis in connection with submittal of
the April 15 quarterly report.
(3) A part of such ongoing maintenance obligation includes notification of
the results of clearance confirmation and annual confirmation of clearance.
a. SUBRECIPIENT shall cause to be provided a notice to all
occupants of all residential property that is under its ownership, possession, or control and/or
residential property occupied by persons or families that receive financial or other assistance
from SUBRECIPIENT in accordance with Sections 35.125(b)(1) and (c), describing the results
of the clearance examination and the results of annual certification.
(g) Units Cleared Prior to Date of Agreement; Confirmation of Clearance.
In the event the requirements of the LBP REGS relating to lead hazard evaluation, lead hazard
reduction, and lead hazard clearance have been completed on the subject dwelling units prior to
the Date of Agreement, then the SUBRECIPIENT shall provide to the CITY with the April 15
quarterly report a certificate from a qualified inspector evidencing a recent inspection and
confirmation of clearance of LBP and LBP hazards from the subject dwelling unit(s).
5. LBP Informational Summary. For purposes of information only and in no
respect intended to be a representation or warranty of the provisions of the LBP REGS, the CITY
has caused to be prepared an information summary relating to the LBP REGS and application to
dwelling units that may be occupied by recipients of services and/or funding from
SUBRECIPIENT under this Agreement. Attachment No. 4 to this Agreement, attached and
hereby fully incorporated by this reference, is such information summary. CITY staff will
cooperate with and make themselves available to SUBRECIPIENT to assist in implementation of
compliance with the LBP REGS as to residential dwelling units to be assisted by
SUBRECIPIENT. The parties acknowledge and agree the CITY is and shall not be liable or
responsible for the accuracy of such summary, and the SUBRECIPENT is directed to the LBP
REGS and implementing guidance published and provided by HUD relating to compliance with
such LBP REGS.
B. Amount of Grant and Quarterly Disbursement. The amount granted to
SUBRECIPIENT is $19r000("CDBG FUNDS"), and such funds shall be expended by
SUBRECIPIENT on or before June 30, 2006. The CDBG FUNDS shall be disbursed by CITY
to SUBRECIPIENT on a quarterly basis, subject to and upon receipt and approval of a complete
quarterly activity report from SUBRECIPIENT, with the final payment subject to the satisfaction
of the condition precedent of submittal of complete reporting information due on or before July
15th of the applicable funding year, as hereinafter more fully set forth. SUBRECIPIENT shall be
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obligated to perform such duties as would normally extend beyond the term, including but not
limited to obligations with respect to indemnification, audits, reporting, data retention/reporting,
and accounting.
C. Use of Funds. SUBRECIPIENT agrees to use all federal funds provided by CITY to
SUBRECIPIENT pursuant to this Agreement to operate said program, as set forth in "Exhibit 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.
D. Allowable Costs. SUBRECIPIENT agrees to complete said program on or before
June 30, 2006 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 similarly situated
employees. Other allowable program costs are detailed in the Budget, as set forth in "Exhibit B",
attached hereto and by this reference incorporated herein. SUBRECIPIENT shall use all income
received from said funds only for the same purposes for which said fimds may be expended
pursuant to the terms and conditions of this Agreement.
E. Licensing. SUBRECIPIENT agrees to obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing its operations.
SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses,
registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's
operations hereunder. Such licensing requirements include obtaining a City business license, as
applicable.
F. Zoning. SUBRECIPIENT agrees that any facility/property used in furtherance of
said program shall be specifically zoned and 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.
G. Separation of Accounts. All funds received by SUBRECIPIENT from CITY
pursuant to this Agreement shall be maintained in an account in a federally insured banking or
savings and loan institution with record keeping of such accounts maintained pursuant to applicable
OMB Circular A-110 requirements. SUBRECIPIENT is not required to maintain separate
depository accounts for CDBG FUNDS; provided however, the SUBRECIPIENT must be able to
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account for receipt, obligation and expenditure of CDBG FUNDS pursuant to applicable OMB
Circular A-110 requirements.
H. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT
receives Three Hundred Thousand Dollars ($300,000.00) or more in federal funds,
SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in
accordance with the standards as set forth and published by the United States Office of Management
and Budget. SUBRECIPIENT shall provide CITY with a copy of said audit by October I of the
year following the program year in which this Agreement is executed. Further, SUBRECIPIENT
shall comply and/or cause compliance with audit report(s) required by applicable provisions of Title
X and the LBP Regs.
I. Record Keeping/Revorting. SUBRECIPIENT shall keep and maintain complete and
adequate records and reports to assist CITY in meeting and maintaining its record keeping
responsibilities under the CDBG REGS, Title X, and the LBP Regs, including the following:
(1) Records
a. Documentation evidencing program income requirements in
conformity with 24 CFR 570.504(b((2)(i), (ii) and 24 CFR 570.503(b)(3) and 24
CFR 570.208(a)(2)(B) of the income level of persons and/or families participating
in or benefiting by the SUBRECIPIENT program.
b. Documentation of the number of persons and/or families participating
in or benefiting by the SUBRECIPIENT program.
c. Household information shall include number of persons, identification
of head of household, race/ethnicity, and income verification.
d. Documentation of all CDBG FUNDS received from CITY.
e. Documentation of expenses as identified in the Budget Proposal,
including evidence of incurring the expense, invoices for goods or services, copies
of any and all contracts or documentation pertaining to costs for subcontractors,
plus all other invoices for which CDBG FUNDS were expended, and any payments
therefor.
f. Any such other related records as CITY shall reasonably require or as
required to be maintained pursuant to the CDBG BEGS.
g. Documentation evidencing compliance with all applicable provisions
of Title X and the LBP Regs, in particular Subpart K and, as applicable Subpart J
and/or Subpart M.
(i) Specific documentation, as required, evidencing
compliance with all applicable provisions of such LBP Regs
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including: (i) notification, including distribution of the lead
hazard information pamphlet (Attachment No. 1), disclosure
and notices of hazard evaluation and reduction (Attachments
No. 2 and 3); (ii) evaluation of lead hazard(s), including paint
testing and risk assessment; (iii) reduction of lead hazard(s),
including safe work practices and clearance, and
confirmation of clearance; and (iv) ongoing maintenance, as
and if applicable for multifamily properties.
(ii) In this regard SUBRECIPIENT shall track information on
all persons/households assisted and the housing units assisted
with the CDBG FUNDS. Attachment No. 5 hereto is a sample
form for tracking persons/households and housing units
assisted with the CDBG FUNDS. All categories of
information set forth in such tracking form shall be prepared
and submitted to the CITY with the April 15 quarterly report.
(iii) In the event that such information and reports are not
complete and reasonably satisfactory information submitted in
order for CITY staff to review and evaluate compliance with
applicable CDBG REGS and LBP Regs, then the final quarterly
disbursement payment shall be withheld from the
SUBRECIPIENT.
(iv) Documentation of clearance confirmation as provided in
Section I.(1)(g) hereinabove.
(2) Reports
(i) Payment Request. Concurrently with the submittal of each
quarterly report, on or before the 15th day of October, January,
April and July, SUBRECIPIENT shall submit both: an original
invoice and true copies of invoices, receipts, agreements or
other documentation supporting and evidencing how the CDBG
FUNDS have been expended during the applicable quarter.
(ii) Quarterly Activity Report: Including in such reports
evidence of compliance with all applicable provisions of Title X
and the LBP Regs, in particular Subpart K and, as applicable
Subpart J, as further described in subsection (d) hereinafter, and
Subpart M, if SUBRECIPIENT provides long term tenant -based
rental assistance. 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
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period beginning July 1, 2003 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.
(iii) Any such other reports as CITY (or HUD) shall
reasonably require and/or request, including but not limited to
the following information: the receipt of program income [as
defined at 24 CFR 570.500(a)] by SUBRECIPIENT in the
operation of said program shall be recorded by SUBRECIPIENT
and reported to CITY; 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 and the number of female heads of
households.
(3) Recordkeeping of Ongoing Maintenance under the LBP Regs. If the services and
program activities provided by SUBRECIPIENT hereunder establish an ongoing relationship
with a property (such as long term tenant based rental assistance program [Subpart M] or
transitional or permanent housing operated or administered by the SUBRECIPIENT), then the
SUBRECIPIENT shall provide a report to the CITY evidencing that SUBRECIPIENT and/or the
property owner(s), as applicable, has performed ongoing maintenance of the subject property.
Ongoing maintenance shall include evidence of an annual clearance certification of the subject
residential property conducted by a DHS certified technician to ensure that LBP hazard reduction
measures are maintained. All maintenance activities shall be conducted to ensure the threat of
LBP hazards is minimized.
(4) Recordkeeping under the LBP Regs. The SUBRECIPIENT shall keep records of
distribution of notifications, all visual assessment, evaluations, inspections, repairs, and any other
lead hazard evaluation, reduction, safe work practices, and clearance activities.
(a) The SUBRECIPIENT shall keep records evidencing distribution of all lead
hazard information pamphlet(s).
(b) The SUBRECIPIENT shall keep records evidencing each LBP evaluation
report, LBP hazard reduction documentations, (such as job specifications), and all clearance or
abatement report(s).
(c) The SUBRECIPIENT shall keep ongoing maintenance records and records of
relevant building operations for use during reevaluations of subject property for LBP and/or LBP
hazards.
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1. Such records shall be maintained for not less than longer of
(A) three (3) years after the activities cease or (B) the period
required by applicable program regulations. Under the CDBG
REGS records shall be retained for not less than four (4) years after
the activities cease.
2. The SUBRECIPIENT shall provide a copy of any of the
above records to the CITY or to HUD upon request of either or
both.
(d) Tracking Report. If the SUBRECIPIENT has provided, or is providing, rental
assistance payments directed to a housing unit or housing units for more than 100 days, or it is
anticipated that during the last quarter of funding that such rental assistance payment will be for
more than 100 days, then the April 15 quarterly report shall contain information and evidence of
compliance with the requirements herein relating to tracking of housing units, cumulative days of
rental assistance, proper notifications to occupants and owners, HQS inspection, visual
assessment, work write-up, stabilization and clearance of LBP and LBP hazards, if any. The
proposed form of such tracking information is attached hereto as Attachment No. 5 and fully
incorporated by this reference. In the event such April 15 quarterly report does not fully satisfy
the reporting requirements set forth herein and in the LBP Regs, then the final installment
payment of the CDBG FUNDS shall be withheld from disbursement to SUBRECIPIENT.
J. Access to Records. 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.
K. Location of Records/Required Length of Record Keepin¢. All accounting records,
reports, and evidence pertaining to all costs, expenses and the CDBG FUNDS of
SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept
available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and
thereafter for five (5) years after completion of an audit in conformity with the CDBG BEGS,
except as hereinafter provided relating to retention of any records or documentation existing,
created, or maintained in compliance with Title X or the LBP Regs. Records which relate to (a)
complaints, claims, administrative proceedings or litigation arising out of the performance of this
Agreement, or (b) costs and expenses of this Agreement to which CITY or any other
governmental agency takes exception, shall be retained beyond the five (5) years until complete
resolution or disposition of such appeals, litigation claims, or exceptions. All records relating to,
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or created or maintained in compliance with, Title X and/or the LBP Regs shall be retained and
maintained by SUBRECIPIENT indefinitely, including without limitation, all inspection
report(s), disclosure statement(s), and clearance report(s). hi the event SUBRECIPIENT does not
make the above -referenced documents available within the city of Santa Ana, California,
SUBRECIPIENT agrees to pay all necessary and reasonable expenses incurred by CITY in
conducting any audit at the location where said records and books of account are maintained.
L. Compliance with Law/Program Income. SUBRECIPIENT acknowledges that the funds
being provided by CITY for said program are received by CITY pursuant to the ACT as amended
and that expenditures of these funds shall be in accordance with the ACT and all pertinent
regulations issued by agencies of the federal government, including, but not limited to, all
regulations found at Title 24 of the Code of Federal Regulations. Program income received by
SUBRECIPIENT shall be returned to CITY unless otherwise provided for in this Agreement.
SUBRECIPIENT agrees to comply fully with all federal, state and local laws and court orders
applicable to its operation whether or not referred to in this Agreement.
M. Standing. SUBRECIPIENT shall be in good standing, without suspension by the
California Secretary of State, Franchise Tax Board and Internal Revenue Service. Any change in
the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY.
N. Confidentiality. Without prejudice to any other provisions of this Agreement,
SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided
to it concerning participants in accordance with the requirements of federal and state law. However,
SUBRECIPIENT shall submit to CITY and or HUD or its representatives, all records requested,
including audit, examinations, monitoring and verifications of reports submitted by
SUBRECIPIENT, costs incurred and services rendered hereunder.
O. Independent Contractor. SUBRECIPIENT agrees that the performance of
obligations hereunder are rendered in its capacity as an independent contractor and that it is in no
way an agency of CITY.
P. Violation of Terms and Conditions. SUBRECIPIENT agrees that if
SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior
Agreement whereby CDBG funds were received by SUBRECIPIENT, or if SUBRECIPIENT
reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT
agrees to remedy the acts or omissions causing the disallowance and repay CITY all amounts spent
in violation thereof. If SUBRECIPIENT engaged in fraudulent activity to obtain and/or justify
expenditure of the CDBG funds granted hereunder, SUBRECIPIENT shall be required to reimburse
the CITY of all such funds that were obtained/spent under fraudulent circumstances.
Q. Equipment. SUBRECIPIENT agrees to maintain a record for each item of non -
expendable personal property acquired under the terms of this Agreement. Said record shall be
made available to CITY upon request. The term "non -expendable personal property" shall include
leased and purchased equipment.
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R. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use
funds provided through this Agreement to pay for entertainment, meals or gifts.
S. Lobbying. SUBRECIPIENT certifies that it will comply with federal law (31
U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds
may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay
any person for influencing or attempting to influence an officer or employee of any agency,
Member of Congress, or an officer or employee of a Member of Congress in connection with
awarding of any federal contract, the making of any federal grant or loan, entering into any
cooperative agreement and the extension, renewal, amendment or modification of any federal
contract, grant, loan or cooperative agreement. SUBRECIPIENT shall sign a certification to that
effect in a form as set forth in "Exhibit C," 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 (see C-1).
T. Financial Interest. SUBRECIPIENT agrees that except for the use of CDBG funds
to pay salaries and other related administrative or personnel costs, no persons who exercise or have
exercised any function with respect to CDBG activities assisted under the terms of this Agreement,
or who are in a position to participate in a decision -making process or gain inside information with
regard to such activities, may obtain a financial interest or benefit from a CDBG-assisted activity of
SUBRECIPIENT, either for themselves or those with whom they have family or business ties,
during their tenure or for one year thereafter. This prohibition applies to any person who is an
employee, agent, consultant, officer, or elected or appointed official of CITY, or of
any designated public agencies, or the SUBRECIPIENT.
U. Davis -Bacon Act. All laborers and mechanics employed by contractors or
subcontractors in the performance of construction work, including alterations and repairs, in excess
of $2,000.00, financed in whole or in part with federal funds shall be paid wages at rates not less
than those prevailing on similar construction in the locality as determined in accordance with the
Davis -Bacon Act, as amended, 40 U.S.C. sections 276a - 276a-5. Any such construction contract
shall include and comply with the required contract provisions and rules set forth in 29 C.F.R. §5.5.
Further, the payroll reports (along with the "Statement of Compliance") and basic records are
required to be maintained and submitted, or made available, pursuant to 29 C.F.R. §5.5(a)(3). No
payment, advance, grant, loan or guarantee of funds shall be approved by the federal agency unless
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there is on file with the agency a certification by the contractor that the contractor and its
subcontractors have complied with the provisions of 29 C.F.R. §5.5.. A breach of the contract
clauses in 29 C.F.R. §5.5 may be grounds for termination of the contract, and for debarment as a
contractor/subcontractor, as provided in 29 C.F.R. §5.12. Labor standards interviews/investigations
shall be made as necessary to assure compliance [29 C.F.R. §5.6(a)(3)].
V. Drug Free Workplace. SUBRECIPIENT certifies that it has established the
following drug -free workplace policy:
1. The unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the workplace for any employee involved in a federally funded program.
2. As an employee working in conjunction with a federally funded program, the
employees of SUBRECIPIENT will be required to:
a) Abide by the terms above in statement 1.
b) Notify appropriate officials of SUBRECIPIENT and CITY officials of any
criminal drug statute conviction for a violation occurring in the workplace not later than five
days after such conviction.
3. The United State Department of Housing and Urban Development will be notified
within ten days after receiving notice of any such violation.
4. Within 30 days of receiving such notice, appropriate personnel action will be
taken against such employee, up to and including termination.
Each such employee shall be required to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local health, law
enforcement, or other appropriate agency.
II. CITY'S OBLIGATIONS
A. Payment of Funds. Upon execution of this Agreement by SUBRECIPIENT, CITY shall
pay to SUBRECIPIENT from CDBG funds, when, if and to the extent received from HUD, for
CITY's CDBG program year amounts expended by SUBRECIPIENT in carrying out said program
for fiscal year pursuant to this Agreement up to a maximum aggregate payment of Nineteen
Thousand Dollars ($19,000) in installments determined by CITY. Payments shall be made to
SUBRECIPIENT through the submission of invoices on a quarterly basis (October, January, April
and July) 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 and documented within the scope and provisions of this Agreement and that
SUBRECIPIENT is in compliance with the terms and conditions of this Agreement, and in
compliance with Title X and the LBP Regs.
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B. Audit of Account. CITY shall include an audit of the account maintained by
SUBRECIPIENT in CITY's annual audit of all CDBG FUNDS in accordance with Title 24 of
the Code of Federal Regulations and other applicable federal laws and regulations.
C. Common Rule: Pursuant to CFR 85.40(a), the CITY manages the day-to-day
operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of
the grant program requirements and monitors grants and subgrant supported activities to assure
compliance with Federal requirements. Such monitoring covers each program, function and
activity and performance goals are reviewed periodically.
D. Environmental Review: In accordance with 24 SFR 58, the CITY is responsible
for undertaking environmental review and maintaining environmental review records for each
applicable project.
E. Performance Monitoring: CITY shall monitor the performance of the
SUBRECIPIENT against goals and performance standards required herein. Substandard
performance as determined by the CITY will constitute non-compliance with this Agreement. If
action to correct such substandard performance is not taken by the SUBRECIPIENT within a
reasonable period of time after being notified by the CITY, contract suspension or termination
procedures will be initiated.
III. NONDISCRIMINATION
SUBRECIPIENT agrees that no person on the ground of race, age, 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.
IV. CONFLICT OF INTEREST
Pursuant to the conflict of interest requirements set forth in 24 CFR 576.5 and OMB
Circulars 1-102 and A-1107, SUBRECIPIENT agrees that no officer, employee, agent or assignee
of CITY having direct or indirect control of any CDBG monies granted to the CITY, inclusive of
the subject CDBG FUNDS, shall serve as an officer of SUBRECIPIENT. Further, any conflict or
potential conflict of interest of any officer of SUBRECIPIENT shall be fully disclosed in writing
prior to the execution of this Agreement and said writing shall be attached and deemed fully
incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any
changes or modifications to its board of directors and list of officers.
V. SPECIAL CERTIFICATION FOR RELIGIOUS ENTITIES
If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection
with the provision of the services SUBRECIPIENT shall provide with CDBG funds in accordance
with 24 CFR 570.2000):
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A . SUBRECIPIENT shall not discriminate against any employee or applicant for
employment on the basis of religion and shall not limit employment or give preference in
employment to persons on the basis of religion.
B. SUBRECIPIENT shall not discriminate against any person applying for the services
SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and
shall not limit such services or give preference to applicants for such services on the basis of
religion.
C. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct
any religious worship or services, or engage in any religious proselytizing, or exert any religious
influence in the provision of the services in said program. The parties agree that this covenant is
intended to and shall be construed for the limited purpose of assuring compliance with respect to the
use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the
establishment of religion as set forth in the establishment clause under the First Amendment of the
United States Constitution and Article I, Section 4 of the California Constitution, and is not in any
manner intended to restrict other activities of SUBRECIPIENT.
D. 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.
VIL 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
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TO SUBRECIPIENT: Mercy House Transitional Living Centers
P.O. Box 1905
Santa Ana, CA 92702
VIII. ASSIGNABILITY
None of the duties of, or work to be performed by, SUBRECIPIENT under this Agreement
shall be subcontracted or assigned to any agency, consultant, or person without the prior written
consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate
to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal
obligations of SUBRECIPIENT pursuant to this Agreement.
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. In accordance with the provisions of Section 3300 of the Labor Code, if
SUBRECIPIENT has any employees it is required to be insured against liability for worker's
compensation or to undertake self-insurance. Prior to commencing performance of this
Agreement, SUBRECIPIENT agrees to obtain and maintain employer's liability insurance with
limits not less than $1,000,000 per accident. If SUBRECIPIENT has no employees, nor workers'
compensation coverage, it must execute a Declaration available from the CITY, and update as is
necessary.
B. SUBRECIPIENT shall undertake self-insurance, or 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
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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.
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. [24 CFR 570.503(b)(8).]
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).
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
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or under any document, instrument or agreement executed in furtherance of the services and
activities to be performed hereunder, to execute, acknowledge and deliver, to CITY assignment(s),
quit claim deed(s) or such other and further instruments, documents and agreements as may be
necessary, in the sole and absolute discretion of CITY, to vest in CITY all of SUBRECIPIENT's
right, title and interest (if any it may have) in and to CITY, CDBG or other federal, state and/or
local accounts or program funds or allocation of funds to which CITY is or may be entitled, either
for its own account or as fiduciary or trustee for others, which were obtained for the purpose of the
performance of this Agreement or any previous agreements relating to the same subject matter or
activities as this Agreement, together with any instruments, loans, grants or advances by
SUBRECIPIENT on behalf of CITY, in furtherance of the activities hereunder or thereof.
SUBRECIPIENT's obligations and responsibilities set forth in this paragraph "XI.
REVERSION OF ASSETS." and in paragraph "XIL TERMINATION" and other requirements
pertaining to program income shall not be affected by the termination of this Agreement and shall
survive the date of termination of this Agreement for such period of time as CITY and/or HUD
deems necessary for the responsibilities, duties and obligations to be performed and completed to
the satisfaction of CITY and HUD.
XII. TERMINATION
A. This Agreement may be terminated on thirty (30) days' written notice by either
party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement
for approved expenses incurred to the effective date of termination.
B. This Agreement may be suspended or terminated by CITY upon five (5) days'
written notice for violation by SUBRECIPIENT of Federal Laws governing the use of Community
Development Block Grant Funds. In the event of such suspension or termination, SUBRECIPIENT
shall only be entitled to reimbursement for approved expenses incurred up to the effective date of
suspension or termination.
C. Pursuant to 24 CFR 85.43, in the event SUBRECIPIENT defaults by failing to fulfill
all or any of its obligations hereunder, CITY may declare a default and termination of this
Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective
on a date stated in the notice which is to be not less than ten (10) days after certified mailing or
personal service of such notice, unless such default is cured before the effective date of termination
stated in such notice. If terminated for cause, CITY shall be relieved of further liability or
responsibility under this Agreement, or as a result of the termination thereof, including the payment
of money, except for payment for approved expenses incurred for services satisfactorily and timely
performed prior to the mailing or service of the notice of termination, and except for reimbursement
of (1) any payments made for services not subsequently performed in a timely and satisfactory
manner, and (2) costs incurred by CITY in obtaining substitute performance.
D. The grant of funds under this Agreement may be terminated for convenience in
accordance with 24 CFR 85.44.
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E. The grant of funds under this Agreement may be terminated due to the non-
performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described
in Exhibits A and B or failure to meet the performance standards and program goals set forth
therein.
F. In the event this Agreement is terminated as set forth in subparagraphs XII.A.
through XII.E., inclusive, SUBRECIPIENT agrees to immediately return to CITY upon CITY's
demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and
to comply with paragraph "XI. REVERSION OF ASSETS" of this Agreement.
XIII. LIMITATION OF FUNDS
The United States of America, through HUD, may in the future place programmatic or fiscal
limitations on the use of CDBG funds which limitations are not presently anticipated. Accordingly,
CITY reserves the right to revise this Agreement in order to take account of actions affecting HUD
program funding. In the event of funding reduction, CITY may, in its sole and absolute discretion,
reduce the budget of this Agreement as a whole or as to costs category, may limit the rate of
SUBRECIPIENT's authority to commit and spend funds, or may restrict SUBRECIPIENT's use of
both its uncommitted and its unspent funds. Where HUD has directed or requested CITY to
implement a reduction in funding, in whole or as to a cost category, with respect to funding for this
Agreement, CITY's City Manager or delegate is authorized to act for CITY in implementing and
effecting such a reduction and in revising, modifying, or amending the Agreement for such
purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de -scope
accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal
accountability, financial soundness, or compliance with this Agreement, CITY may suspend the
operation of this Agreement for up to sixty (60) days upon five (5) days written notice to
SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions.
In no event, however, shall any revisions made by CITY affect expenditures and legally binding
commitments made by SUBRECIPIENT before it received notice of such revision, provided that
such amounts have been committed in good faith and are otherwise allowable and that such
commitments are consistent with HUD cash withdrawal guidelines.
XIV. EXCLUSIVITY AND AMENDMENT OF AGREEMENT
This Agreement supersedes any and all other agreements, either oral or in writing, between
the parties hereto with respect to the use of CITY's CDBG funds by SUBRECIPIENT and contains
all the covenants and agreements between the parties with respect to such employment in any
manner whatsoever. Each party to this Agreement acknowledges that no representations,
inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone
acting on behalf of any party, which are not embodied herein, and that no other agreement or
amendment hereto shall be effective unless executed in writing and signed by both CITY and
SUBRECIPIENT.
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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.
XVL VALIDITY
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.
XVII. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify CITY fully, including reasonable costs and attorney's fees, for any injuries or damages to
CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated
as if fully set forth in the body of this Agreement.
c. No delay or omission by either party hereto to exercise any right or power accruing
upon any noncompliance or default by the other party with respect to any of the terms of this
Agreement shall impair any such right or power or be construed to be a waiver thereof. A
waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be
performed by the other shall not be construed to be a waiver of any succeeding breach thereof
or of any other covenant, condition or agreement herein contained.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the last date and
year written below.
ATTEST:
PATRICIA E. HEALY t)
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: LISA E. STORCK
Assistant City Attorney
DATE:
CITY OISANTA AN
DAVID N. REAM
City Manager
Name
Larry Haynes
Title:
Executive Director
Tax ID:
33-0315864
23
CITY OF SANTA ANA
Community Development Block Grant
Scope of Work
Annual Accomplishment Goal
I. Total number of clients anticipated to be served during 12-month contract
period= 114 PERSONS
II. Number of unduplicated Santa Ana residents to be served with grant funds during the 12-
month contract period = 14 PERSONS
III. Indicate below one City performance outcome that the sub -recipient will be tracking with a
check mark in the appropriate box.
HOMELESS NEEDS
IN
C
Activity/Pro ram
Outcome Trackin
Homelessness
Track assisted individuals who retained
sisted individuals and
Prevention
their housing or utilities for at least 6
s will retain their housing or
months after assistance was provided.
r at least 6 months after
r50%of
is provided.
Emergency Shelter
Track individuals who received support
ividuals/households that are
services that were linkedto one or more
ith emergency shelter will
additional support service and/or
transition to interim housing (i.e.,
appropriate housing.
transitional housing).
Transitional Housing
Track homeless individuals who
5% of homeless individuals participating
participated in transitional housing
in transitional housing program will be
program that were placed in permanent
placed in permanent housing. ,
housing.
Supportive Services
Track individuals who received support
50% of individuals/families receiving
services that were linked to one or more
support services will be linked to one or
additional support service and/or
more additional support service and/or
appropriate housing.
appropriate housing.
IV. Description of Work - in space below, describe the program to be funded during the 12-
month contract period including, services to be provided, program goals, client
characteristics, & how grant funds will be utilized.
Funded Programs / Client Characteristics:
- Joseph House, transitional shelter for 20 single, employable men
- Regina House, transitional shelter for 7 single mothers with children
Services provided:
- Comprehensive, individualized case management
- Life skills education / Career development services
- Financial management skills (debt reduction planning / budgeting skills)
- Permanent housing plan
Program goals:
- Improve clients' material / financial self sufficiency
- Improve clients' basic life skills
Fund utilization:
- Salaries / benefits for Program Manger positions
- Communications / Utilities / Repair / Maintenance
Ex - Al
Schedule of Performance
Estimate the number of unduplicated Santa Ana residents to be served during the 12-month
contract period per quarter
Quarter 1:
July I — September 30
8
Persons
Quarter 2:
October 1 — December 31
2
Persons
Quarter 3:
January 1 — March 31
2
Persons
Quarter 4:
April 1 — June 30
2
Persons
Total
14
Persons
Invoicing Schedule
Estimated the amount of grant funds to be requested during the 12-month contract period on a
quarterly basis
Quarter 1: July 1 — September 30 $ 6000.
Quarter 2: October 1 — December 31 $ 6000.
Quarter 3: January 1 — March 31 $ 6000.
Quarter 4: April 1 — June 30 $ 1000.
Total $ 19,000.
EXHIBIT A
2005-2006
CITY OF SANTA ANA
COMMUNITY DEVELOPMENT BLOCK GRANT
FINAL PROGRAM BUDGET
Organization Name: Mercy House Transitional Living Centers
Program Name: Josh House and Regina House
Program Year:
EXPENDITURES
CATEGORY
SANTA ANA CDBG
OTHER
TOTAL PROGRAM
GRANT REQUESTED
RESOURCES
PRELIM BUDGET
Administrative Staff
$0
$47,352
$47,352
Salaries & Benefits
Program Staff Salaries &
$10,000
$112,639
$122,639
Benefits
Office Supplies
$0
$4,905
$4,905
Rent/Lease
$0
$8,277
$8,277
Communications
$0
$6,800
$6,800
Utilities
$0
$32,000
$32,000
Contractual/Professional
Services
(Please Specify) audit
$0
$6,600
$6,600
Insurance
$6,000
$5,286
$11,286
Other (Please Specify)
1. Facility Expenses
1. $3,000
1. $49,060
1. $52,060
2.Client Services
2. $0
2. $6,500
2. $6,500
TOTAL
$19,000
$279,419
$298,419
LIST OTHER PROGRAM RESOURCES
SOURCE
AMOUNT
United Way
$ 9,000
Santa Ana ESG
$ 40,000
Sisters of St Joseph (pending)
$ 10,000
Western Digital
$ 7,500
General Fund
$ 161,319
Program Fees
$ 51,600
TOTAL
$ 279,419
EXHIBIT B
Name of Organization: Mercy House Transitional Living Centers
CDBG FUNDED PERSONNEL
ADMINISTRATIVE STAFF
Position Title
Annual
Salary
Annual
Benefits
Total
Compensation
ESG
Funds
Requested
% of Time
Position is
Dedicated
to Program
PROGRAM STAFF
Position Title
Annual
Salary
Annual
Benefits
Total
Compensation
ESG
Funds
Requested
% of Time
Position is
Dedicated
to Program
RH Prg
Coordinator
$32,000
$5,200
$37,200
$5,000
75%
JH Prg
Coordinator
$36,500
$5,200
$41,700
$5,000
100%
CONTRACT PERSONNEL
Position Title
Annual
Salary
Annual
Benefits
Total
Compensation
ESG
Funds
Requested
% of Time
Position is
Dedicated
to Program
Certification Regarding Lobbying
Certification for Contracts Grants Loans and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any Federal contact, grant, loan or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in the
award documents for all subawards at all tiers (including subcontract, subgrants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients shall
certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for 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.
Name
Signature Date
EXHIBIT C
Page 1 of 2
SUBRECIPIENT warrants the following:
1. SUBRECIPIENT will comply with Public Law 88-352, Title VI of the Civil Rights
Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR
Part 1.
2. No person in the United States shall on the ground of race, color, religion, national
origin, or sex, be excluded from participation in, or be denied the benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part with
community development funds made available pursuant to the ACT.
3. All laborers and mechanics, employed by contractors or subcontractors in the
performance of construction work financed in whole or in part with community
development funds shall be paid wages at rates not less than those prevailing on similar
construction in the locality as determined in accordance with the Davis -Bacon Act, as
amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for
which they volunteered; do not receive compensation for such services; or are paid
expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise
employed at any time in construction work.
4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded
with community development funds, except that (a) SUBRECIPIENT does not assume
CITY'S environmental responsibilities described at 24 CFR 570.604; and (b)
SUBRECIPIENT does not assume CITY'S responsibility for initiating the review process
under Executive Order 12372.
EXHIBIT C
Page 2 of 2
Protect
Your --
Family -
From
Lead In
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NC-
file�MM
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- fi Your
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Home
U.S. EPA Washirgton DC 20460
U.S. CPSC Washington DC 20207
U.S. HUD Washington DC 20410
United States
E.nvironmenftal
Protect on Agaricy
United States
Consumer Product
Safety Commission
Un.t2d States
Deoartrnent of Housing
and Urban Development
VEPA747-K-99-001
April 1999
Are You Planning To Buy, Rent, or Renovate
a Home Built Before 1978?
Many houses and apartments built before 1978 have
paint that contains lead (called lead -based paint). Lead
from paint, chips, and dust can pose serious health
hazards if not taken care of properly.
Federal law requires that individuals receive certain information
before renting, buying, or renovating pre-1978 housing:
F
LANDLORDS have to disclose known infor-
mation on lead -based paint and lead -based
paint hazards before leases take effect.
Leases must include a disclosure form
about lead -based in
pat.
qv'•:i
SSELLERS
have to disclose known informa-
tion on lead -based paint and lead -based
paint hazards before selling a house. Sales
contracts must include a disclosure form
about lead -based paint. Buyers have up to
10 days to check for lead hazards.
RENOVATORS have to give you this
pamphlet before starting work. (After
June 1, 1999.)
IF YOU WANT MORE INFORMATION
on these requirements, call the
National Lead Information Clearinghouse
at 1-800-424-LEAD.
This document is in the public domain. It may be reproduced by an individual or
organization without permission. Information provided in this booklet is based
upon current scientific and technical understanding of the issues presented and
is reflective of the jurisdictional boundaries established by the statutes governing
the co-authoring agencies. Following the advice given will not necessarily pro-
vide complete protection in all situations or against all health hazards that can
be caused by lead exposure.
2 <-( 14
IMPORTANT!
Lead From Paint, Dust, and
Soil Can Be Dangerous If Not
Managed Properly
FACT: Lead exposure can harm young
children and babies even before they
are born.
FACT: Even children who seem healthy can
have high levels of lead in their bodies.
FACT: People can get lead in their bodies by
breathing or swallowing lead dust, or by
eating soil or paint chips containing
lead.
FACT: People have many options for reducing
lead hazards. In most cases, lead -based
paint that is in good condition is not a
hazard.
FACT: Removing lead -based paint improperly
can increase the danger to your family.
If you think your home might have lead
hazards, read this pamphlet to learn some
simple steps to protect your family.
1
3 6; / �
Lead Gets in the Body in Many Ways
In the
People can get lead in their body if they:
United
O Put their hands or other objects
States,
covered with lead dust in their mouths.
about
♦ Eat paint chips or soil that contains
900,000
lead.
children ages
g
♦ Breathe in lead dust (especially during
1 to 5 have a
renovations that disturb painted
surfaces).
blood -lead
level above
Lead is even more dangerous to children
the level of
than adults because:
concern.
♦ Babies and young children often put
their hands and other objects in their
Even children
mouths. These objects can have lead
who appear
dust on them.
healthy can
have danger-
♦ Children's grouting bodies absorb more
ous levels of
lead.
lead in their
♦ Children's brains and nervous systems
bodies.
are more sensitive to the damaging
effects of lead.
Lead's Effects
If not detected early, children with high
levels of lead in their bodies can suffer
from:
♦ Damage to the brain and
nervous system
♦ Behavior and learning .
problems (such as hyperactivity)
♦ Slowed growth
♦ Hearing problems
♦ Headaches
Lead is also harmful to adults. Adults
can suffer from:
♦ Difficulties during pregnancy
♦ Other reproductive problems (in both
men and women)
♦ High blood pressure
♦ Digestive problems
♦ Nerve disorders
♦ Memory and concentration problems
♦ Muscle and joint pain
n�
%WOO avo
PKbI&AIs
r)9duW
Lead affects
the body in
many ways.
CI
Where Lead -Based Paint Is Found
In general,
the older your
home, the
more likely it
has lead -
based paint.
Many homes built before 1978 have lead -
based paint. The federal government
banned lead -based paint from housing in
1978. Some states stopped its use even
earlier. Lead can be found:
♦ In homes in the city, country, or suburbs.
In apartments, single-family homes, and
both private and public housing.
♦ Inside and outside of the house.
In soil around a home. (Soil can pick up
lead from exterior paint or other sources
such as past use of leaded gas in cars.)
Checking Your Family for Lead
Get your
To reduce your child's exposure to lead,
children and
get your child checked, have your home
tested (especially if your home has paint
home tested
in poor condition and was built before
if you think
1978), and fit any hazards you may have.
your home
Children's blood lead levels tend to increase
has high lev-
rapidly from 6 to 12 months of age, and
tend to peak at 18 to 24 months of age,
els of lead.
Consult your doctor for advice on testing
your children. A simple blood test can
detect high levels of lead. Blood tests are
usually recommended for:
♦ Children at ages 1 and 2.
♦ Children or other family members who
have been exposed to high levels of lead.
♦ Children who should be tested under
your state or local health screening plan.
Your doctor can explain what the test results
mean and if more testing will be needed.
� ,f U
Where Lead Is Likely To Be a Hazard
Lead -based paint that is in good condition
is usually not a hazard.
Lead from
Peeling, chipping, chalking, or cracking
paint chips,
lead -based paint is a hazard and needs
which you
immediate attention.
can see, and
Lead -based paint may also be a hazard
lead dust,
when found on surfaces that children can
which you
chew or that get a lot of wear -and -tear.
can't always
These areas include:
see, can both
♦ Windows and window sills.
be serious
♦ Doors and door frames.
hazards.
♦ Stairs, railings, and banisters.
♦ Porches and fences.
Lead dust can form when lead -based paint
is dry scraped, dry sanded, or heated. Dust
also forms when painted surfaces
bump or rub together. Lead chips and
dust can get on surfaces and objects
that people touch. Settled lead dust
can re-enter the air when people vac-
uum, sweep, or walk through it.
Lead in soilc an be a hazard when
children play in bare soil or when
people bring soil into the house on
their shoes. Call your state agency
(see page 11) to find out about test-
ing soil for lead.
�mini
O
W
solo,
5
Checking Your Home for Lead Hazards
Just knowing
that a home
has lead -
based paint
may not tell
you if there
is a hazard.
0
You can get your home checked for lead haz-
ards in one of two ways, or both:
♦ A paint inspection tells you the lead
content of every different type of painted
surface in your home. It won't tell you
whether the paint is a hazard or how you
should deal with it.
♦ A risk assessment tells you if there are
any sources of serious lead exposure
(such as peeling paint and lead dust). It
also tells you what actions to take to
address these hazards.
Have qualified professionals do the work.
There are standards in place for certifying
lead -based paint professionals to ensure the
work is done safely, reliably, and effectively.
Contact your state lead poisoning prevention
program for more information. Call 1-800-
424-LEAD for a list of contacts in your area.
Trained professionals use a range of methods
when checking your home, including:
♦ Visual inspection of paint condition and
location.
♦ A portable x-ray fluorescence (XRF)
machine.
Lab tests of paint samples.
♦ Surface dust tests.
Home test kits for lead are available, but
studies suggest that they are not always
accurate. Consumers should not rely on
these tests before doing renovations or to
assure safety.
0 1� U
What You Can Do Now To Protect
Your Family
If you suspect that your house has lead
hazards, you can take some immediate
steps to reduce your family's risk:
O If you rent, notify your landlord of
peeling or chipping paint.
♦ Clean up paint chips immediately.
♦ Clean floors, window frames, window
sills, and other surfaces weekly. Use a
mop or sponge with warm water and a
general all-purpose cleaner or a cleaner
made specifically for lead. REMEMBER:
NEVER MIX AMMONIA AND BLEACH
PRODUCTS TOGETHER SINCE THEY
CAN FORM A DANGEROUS GAS.
♦ Thoroughly rinse sponges and mop
heads after cleaning dirty or dusty
areas.
♦ Wash children's hands often, especial-
ly before they eat and before nap time
and bed time.
Keep play areas clean.W ash bottles,
pacifiers, toys, and stuffed animals
regularly.
Keep children from chewing window
sills or other painted surfaces.
♦ Clean or remove shoes before
entering your home to avoid
tracking in lead from soil.
♦ Make sure children eat
nutritious, low -fat meals high
in iron and calcium, such as
spinach and dairy products.
Children with good diets absorb
less lead.
How To Significantly Reduce Lead Hazards
Removing
lead
improperly
can increase
the hazard to
your family
by spreading
even more
lead dust
around the
house.
Always use a
professional who
is trained to
remove lead
hazards safely.
M
In addition to day-to-day cleaning and good
nutrition:
♦ You can temporarily reduce lead hazards
by taking actions such as repairing dam-
aged painted surfaces and planting grass
to cover soil with high lead levels. These
.actions (called "interim controls") are not
permanent solutions and will need ongo-
ing attention.
To permanently remove lead hazards,
you must hire a certified lead "abate-
ment' contractor. Abatement (or perma-
nent hazard elimination) methods
include removing, sealing, or enclosing
lead -based paint with special materials.
Just painting over the hazard with regular
paint is not enough.
Always hire a person with special training
for correcting lead problems —someone
who knows how to do this work safely and
has the proper equipment to clean up
thoroughly. Certified contractors will employ
qualified workers and follow strict safety
rules as set by their state or by the federal
government.
Call your state agency (see page 11) for
help with locating certified contractors in
your area and to see if financial assistance
is available.
Remodeling or Renovating a Home With
Lead -Based Paint
Take precautions before your contractor or
you begin remodeling or renovations that
disturb painted surfaces (such as scraping
off paint or tearing out walls):
♦ Have the area tested for lead -based
paint.
♦ Do not use a belt -sander, propane
torch, heat gun, dry scraper, or dry
sandpaper to remove lead -based
paint. These actions create large
amounts of lead dust and fumes. Lead
dust can remain in your home long
after the work is done.
♦ Temporarily move your family (espe-
cially children and pregnant women)
out of the apartment or house until
the work is done and the area is prop-
erly cleaned. If you can't move your
family, at least completely seal off the
work area.
♦ Follow other safety measures to
reduce lead hazards. You can find out
about other safety measures by calling
1-800-424-LEAD. Ask for the brochur-
"Reducing Lead Hazards When
Remodeling Your Home." This broch
explains what to do before, during,
and after renovations.
If you have already completed renova-
tions or remodeling that could have
released lead -based paint or dust, get
your young children tested and follow
the steps outlined on page 7 of this
brochure.
If not
conducted
properly,
certain types
of renova-
tions can
release lead
from paint
and dust into
the air.
9
Other Sources of Lead
♦ Drinking water. Your home might have
3 plumbing with lead or lead solder. Call
your local health department or water
i supplier to find out about testing your
water. You cannot see, smell, or taste
dead, and boiling your water will not get
rid of lead. If you think your plumbing
might have lead in it:
While paint, dust,
and soil are the
most common
lead hazards,
other lead
sources also exist.
10
• Use only cold water for drinking and
cooking.
• Run water for 15 to 30 seconds
before drinking it, especially if you
have not used your water for a few
hours.
♦ The job. If you work with lead, you
could bring it home on your hands or
clothes. Shower and change clothes
before coming home. Launder your work
clothes separately from the rest of your
family's clothes.
♦ Old painted toys and furniture.
Food and liquids stored in lead crystal
or lead -glazed pottery or porcelain.
Lead smelters or other industries that
release lead into the air.
♦ Hobbies that use lead, such as making
pottery or stained glass, or refinishing
furniture.
♦ Folk remedies that contain lead, such as
11greta" and "azarcon" used to treat an
upset stomach.
For More Information
The National Lead Information Center
Call 1-800-424-LEAD to learn how to protect
children from lead poisoning and for other
information on lead hazards. (Internet:
www.epa.gov/lead and www.hud.gov/lea).
for the hearing impaired, call the Federal
Information Relay Service at 1-800-877-
8339 and ask for the National Lead
Information Center at 1-800-424-LEAD.
EPAs Safe Drinking Water Hotline
Call 1-800-426-4791 for information about
lead in drinking water.
Consumer Product Safety
Commission Hotline
To request information on lead in
consumer products, or to report an
unsafe consumer product or a prod-
uct -related injury call 1-800-638-
2772. (Internet: www@cpsc.gov).
For the hearing impaired, call TDD 1-
800-638-8270.
,�FStESCCt
State Health and Environmental Agencies
Some cities and states have their own rules for lead -based
paint activities. Check with your state agency to see if state
or local laws apply to you. Most state agencies can also pro-
vide information on finding a lead abatement firm in your
area, and on possible sources of financial aid for reducing
lead hazards. Receive up-to-date address and phone infor-
mation for state and local contacts on the Internet at
www.epa.gov/lead or contact the National Lead Information
Center at 1-800-424-LEAD.
11
/ 3 0-; /"/
EPA Regional Offices
Your Regional EPA Office can provide further information regard-
ing regulations and lead protection programs.
EPA Regional Offices
Region 1 (Connecticut Massachusetts,
Maine, New Hampshire, Rhode Island,
vermont)
Regional Lead Contact
U.S. EPA Regan 1
Suite 1100 (CPT)
One Congress Street
Boston, MA 02114-2023
1 (888) 372-7341
Region 2 (New Jersey, New York,
Puerto Rico, Virgin Islands)
Regional Lead Contact
U.S. EPA R non 2
2890 Wood ndge Avenue
Building 209, Mail Stop 225
Edison, NJ 08837-3679
(732) 321-6671.
Region 3 (Delaware, Washington DC,
Maryland, Pennsylvania, Virginia, West
Virginia)
Regional Lead Contact
U.S. EPA Region 3 (3WC33)
1650 Arch Street
Philadelphia, PA 19103
(215)814-5000
Regan 4 (Alabama, Florida, Georgia,
Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee)
Regional Lead Contact
U.S. EPA Region 4
61 Forsyth Street, SW
Atlanta, GA 30303
(404)562-8998
Region 5 (Illinois, Indiana, Michigan,
Minnesota, Ohio, Wisconsin)
Regional Lead Contact
U.S. EPA Region 5 (DT-81)
77 West Jackson Boulevard
Chicago, IL 60604-3666
(312)886-6003
12
Region 6 (Arkansas, Louisiana, New
Mexico, Oklahoma, Texas)
Regional Lead Contact
U.S. EPA Region 6
1445 Ross Avenue, 12th Floor
Dallas, TX 75202-2733
(214) 665-7577
Regon 7 (Iowa, Kansas, Missouri,
Nebraska)
Regional Lead Contact
U.S. EPA Region 7
(ARTD-RAU)
901 N. 5th Street
Kansas City, KS 66101
(913) 551-7020
Region 8 (Colorado, Montana, North
Dakota, South Dakota, Utah, Wyoming)
Regional Lead Contact
U.S. EPA Regan 8
999 18th Street, Suite 500
Denver, CO 80202-2466
(303)312-6021
Region 9 (Arizona, California, Hawaii,
Nevada)
Regional Lead Contact
U.S. Region 9
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-1124
Region 10 (Idaho, Oregon, Washington,
Alaska)
Regional Lead Contact
U.S. EPA Region 10
Toxics Section WCM-128
1200 Sixth Avenue
Seattle, WA 98101-1128
(206) 553-1985
l L/ 'IL /�
CPSC Regional Offices
Your Regional CPSC Office can provide further information regard-
ing regulations and consumer product safety.
Eastern Regional Center
6 Wald Trade Center
Vesey Street, Room 350
New York, NY 10048
(212) 466-1612
Central Regional Center
230 South Dearborn Street
Room 2944
Chicago, IL 60604-1601
(312) 353-8260
HUD Lead Office
V kstem Regional Center
600 Harrison Street, Room 245
San Francisco, CA 94107
(415) 744-2966
Please contact HUD's Office of Lead Hazard Control for informa-
tion on lead regulations, outreach efforts, and lead hazard control
and research grant programs.
U.S. Department of Housing and Urban Development
Office of Lead Hazard Control
451 Seventh Street, SW, P-3206
Washington, DC 20410
(202) 755-1785
13
If you think your home has high
levels of lead:
♦ Get your young children tested for lead, even if
they seem healthy. .
♦ Wash children's hands, bottles, pacifiers, and toys
often.
♦ Make sure children eat healthy, low -fat foods.
♦ Get your home checked for lead hazards.
♦ Regularly clean floors, window sills, and other
surfaces.
♦ Wipe soil off shoes before entering house.
♦ Talk to your landlord about fixing surfaces with
peeling or chipping paint.
♦ Take precautions to avoid exposure to lead dust
when remodeling or renovating (call 1-800-424-
LEAD for guidelines).
Don't use a belt -sander, propane torch, heat gun,
dry scraper, or dry sandpaper on painted surfaces
that may contain lead.
♦ Don't try to remove lead -based paint yourself.
M 61 /�
Sample Disclosure Format for Target Housing Rentals and Leases
Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards
Lead Warning Statement
Housing built before 1978 may contain lead -based paint. Lead from paint, paint chips, and dust can
pose health hazards if not taken care of propedy. Lead exposure is especialkharmful to young
children and pregnant women. Before renting pre-1978 housing, landlords must disclose the
presence of known lead -based paint and lead -based paint hazards in the dwelling. Tenants must
also receive a Federally approved pamphlet on lead poisoning prevention.
Lessor's Disclosure (initial)
(a) Presence of lead -based paint or lead -based paint hazards (check one below):
Known lead -based paint and/or lead -based paint hazards are present in the housgn
(explain).
Lessor has no knowledge of lead -based paint and/or lead -based paint hazards in 4h
housing.
(b) Records and reports available to the lessor (check one below):
Lessor has provided the lessee with all Bailable records and reports pertaining to lead -
based paint and/or lead -based paint hazards in the housing (list documents below).
Lessor has no reports or records pertaining to lead -based paint and/or lead -bash
paint hazards in the housing.
Lessee's Acknowledgment (initial)
(c) Lessee has received copies of all information listed above-
(d) Lessee has received the pamphletProtect Your Family from Lead in Your Home.
Agent's Acknowledgment (initial)
(e) Agent has Wormed the lessor of the lessor's obligations under 42 U.S.C. 4852(d) and
is aware of his/her responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, tthe best of their knowledge,
that the information provided by the signatory is true and accurate.
Lessor Date Lessor Date
Lessee Date Lessee Date
Agent Date Agent Date
1
r
A-9ACW.e1.1- � P11t 7—
c
Sample Disclosure Format for Target Housing Sales
Disclosure of Information on Lead -Based Paint and Lead -Based Paint Hazards
4Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978
is notified that such property may present exposure to lead from lead -based paint that may place young children
at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological
damage, including leaming disabilities, reduced intelligence quotient, behavioral problems, and impaired memory.
Lead poisoning also poses a particularrisk to pregnant women. The seller of any interest in residential real property
is required to provide the buyer with any information on lead -based paint hazards fr`am risk assessments or
inspections in the seller's possession and notify the buyer of any known lead -based paint hazards. A risk
assessment or inspection for possible lead -based paint hazards is recommended prior to purchase.
Seller's Disclosure (initial)
(a) Presence of lead -based paint and/or lead -based paint hazards (check one below):
Known lead -based paint and/or lead -based paint hazards are present in the housing (explain).
Seller has no knowledge of lead -based paint and/or lead -based paint hazards in the housing.
(b) Records and reports available to the seller (check one below):
Q Seller has provided the purchaser with all available records andeports pertaining to lead -based paint
and/or lead -based paint hazards in the hoeing (list documents below).
Seller has no reports or rwords pertaining to lead -based paintand/or lead -based paint hazards in the
housing.
Purchaser's Acknowledgment (initial)
(c) Purchaser has received copies of all information listed above.
(d) Purchaser has received the pamphlet°rotect Your Family from Lead in Your Home.
(e) Purchaser has (check one below):
Received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessmentro
inspection for the presence of lead -based paint and/or lead -based paint hazards; or
Waived the opportunity to conduct a risk assessment or inspectiodor the presence of lead -based paint
and/or lead -based paint hazards.
Agents Acknowledgment (initial)
(f) Agent has informed the seller of the seller's obligations under 42 M.C. 4852(d) and is aware of his/her
responsibility to ensure compliance.
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, thatdh
information provided by the signatory is true and accurate.
Seller Date Seller Date
0,,gent Date Agent Date
Purchaser Date Purchaser Date
20/?1
Federal Register/Vol. 64.
Appendix B—Sample Summary Risk
Assessment Notice Format
Note: This following appendix will not
appear in the Code of Federal Regulations
Summary Notice of Lead -Based Paint Risk
Assessment
Address/location of property or structuie(s)
this summary notice applies to:
Lead -based paint risk assessment description:
Date(s) of risk assessment
Summary of risk assessment retorts (check
all that apply):
(a) _ No lead -teased paint hazards were
found.
(b) _ Leath -based Paint hazards were
found.
(c) _ A brief summary of the findings of
the risk assessment is provided below
(required if any lead -based paint hazards
were found).
Summary of types and tomdorss of lead- -
.based paint hazards. List at least the housing
unit numbers and common arras (fox
multifamily housing). bare soil locations,
dust -lead locations. and/or building
components (including type of room or
spam and the material underneath the
paint). and types of lead -baud paint hazards
found-
Contact person for more information about
the risk assessment:
Printed name:
.8/Wednesday. September 15, 19T i and Regulations 50231
Date:
Street and city.
Organization:
State: _ ZIP: Phone number. (—
Street and city.
Appendix D—Sample Hazard
State: _ZIP: _Phone number: L_
Reduction Completion Notice Format
Note: The following appendix will not
Appendix C—Sample Summary
appear in the Code of Federal Regulations.
Presumption Notice Format
Summary Notice of Completion of l.ead-
Based Paint Hazard Reduction Activity
Note The following appendix will not
in the Code of Federal Regulations
Adoiress/loxatioi't+f property or swcture(s)
appear
Notice That Lead -Baud Paint or Lead -Based
this summary notice applies to:
Paint Hazards Are Presumed to be Present
Address/loation of property or structure(s)
this notice of presumption applies to:
Summary of the hazard reduction activity:
Start and completion date(s):
Activity locations and types. List at least the
Type of presumption (check all that apply):
housing unit numbers and common areas (for
housing). bare soil locations.
(a) — Lead -based paint is presumed to be
-
multif unfly
dust -lead locations, and/or building
present
(b) Lead -based paint hazard(s) Ware)
components (including type of room or
_
presumed to be present
of list at least the
Summary presumption.
anti the material underneath the
paint), and types of hazard reduction
housing unit numbers and common areas (for
activities performed at the locations listed:
multifamily housing). bare soil locations,
dust -lead locations. and/or building
components (including type of room or
space, and the material underneath the
paint), and types of lead -based paint hazards
presumed to be present
Date(s) of clearance testing and/or soil.
analyses: —
Locations of building components with lead -
based paint remaining In the rooms. spates
or areas where activities were conducted:
Contact person for more information about
the presumption
Printed name:
Organization
and city.
State: ZIP: _ Phone number. (—)
Organization:
Person who prepared this notice of
Scree[ and city.
presumption:
Printed name:
State: W number. (_j
_--Phone
Signature:
Person who prepared this summary notice:
Date:
Printed name:
0 Signature:
Organization:
- Summary of results of clearance testing and
soil analyses:
(a) _ No clearance testing was
performed.
(b) _ Clearance testing showed
clearance was achieved
(c) _ Clearance testing showed clearance
was not achieved.
Contact person for more information about
the hazard reduction:
Printed name:
Organization
Street and city -
State: — ZIP-.
Phone number. (__,
Perron who prepared this summary notice:
Printed name:
Signature:
Date:
Organization
Street and city:
State: _ ZIP:
Phone number. C--J
]FR Doc 99-Z3016 Filed 9-14-99: 8:45 am]
Ba1WG CODE �1D-aa-e
ATTActtmeN-sr- 3
ATTACHMENT NO. 4
LBP INFORMATION SUMMARY
1. ZER0/0 BEDROOM < (LESS THAN) 100 DAYS IN UNIT; ASSISTANCE IN
HOMELESS SHELTER
STATUS: EXEMPT TITLE X
2. ZER0/0 BEDROOM > (MORE THAN) 100 DAYS IN UNIT
• STATUS: OPEN ISSUE UNDER LBP REGS
ZERO/0 BEDROOM > (MORE THAN) 100 DAYS ASSISTANCE IN
HOMELESS SHELTER
STATUS: OPEN ISSUE UNDER LBP REGS
SEE SUBPART K
CLEARANCE OF UNIT(S) WILL BE REQUIRED BY CITY FOR ALL HOUSING
UNITS (EVEN ZERO BEDROOM) FOR WHICH OCCUPANCY OCCURS BY
ASSISTED HOUSEHOLD FOR MORE THAN 100 DAYS, PENDING FURTHER
INTERPRETATION/GUIDANCE FROM HUD
3. ONE OR MORE (1+) BEDROOMS OCCUPANCY < 100 DAYS IN
RESIDENTIAL UNIT AND/OR OCCUPANCY IN HOMELESS SHELTER
EXEMPT TITLE X
4. 1+ BEDROOMS > 100 DAYS IN RESIDENTIAL UNIT
• STATUS: SAME AS #2 ABOVE; CLEARANCE REQUIRED
• SEE SUBPART K
5. EMERGENCY RENTAL ASSISTANCE < 100 DAYS
• EXEMPT TITLE X
6. EMERGENCY RENTAL ASSISTANCE > TO HOUSEHOLD TO BE
OCCUPANCY IN RESIDENTIAL UNIT FOR MORE THAN 100 DAYS (SUCH AS
LONG TERM LEASE SIGNED AT TIME OF EMERGENCY ASSISTANCE)
Attachment NoA
LBP Information Summary
Page 1 of 2
7n MILS
CLEARANCE BEFORE ANY MONEY DISBURSED;
LBP COMPLIANCE: NOTIFICATION, EVALUATION, REDUCTION THROUGH
CLEARANCE REQUIRED BEFORE OCCUPANCY OF UNIT
MAYBE CONSIDERED TENANT BASED RENTAL ASSISTANCE (TBRA); THUS
HQS INSPECTION AND SUBPART M MAY APPLY
SEE SUBPARTS KAND M
• PENDING HUD GUIDANCE
7. TBRA < 100 DAYS
• EXEMPT TITLE X
8. TBRA> 100 DAYS OF HOME ASSISTANCE (SUCH AS WHEN TENANT
ENTERS INTO LONG TERM LEASE
• SEE SUBPART M
CLEARANCE BEFORE ANY MONEY DISBURSED;
LBP COMPLIANCE: NOTIFICATION, EVALUATION, REDUCTION THROUGH
CLEARANCE REQUIRED BEFORE OCCUPANCY OF UNIT
• HQS INSPECTION REQUIRED BEFORE OCCUPANCY
• CLEARANCE BEFORE ANY MONEY DISBURSED
9. TBRA < 100 DAYS -TENANT ENTERS INTO LONG TERM LEASE, CITY
GIVES LESS THAN 100 DAYS OF ASSISTANCE.
• EXEMPT TITLE X
[See HUD Interpretative Guidance: Online: Questions M4, K7, K4, for discussion]
Attachment No.4
LBP Information Summary
Page 2 of 2
7/11/OILS
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ATIAC"w«i 5
ACARD CERTIFICATE OF LIABILITY INSURAN-E 07/27/20 YYYY)
_„„ 07/27/2005
PRODUCER Schweickert & Company THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
15 Peters Canyon Road HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Irvine CA 92606 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED Mercy House INSURER A. Great American Insurance Company _
P.O. BOX 1905 INSURERS
Santa Ana CA 92702 INSURER
:OVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INM
POUCY NUMBER
PO41CY EFFECTIVE
POIICY EXPIRATION
LIMBS
X
GENERAL LIABILITY
X
_ COMMERCIAL GENERAL LIABILITY
jCLAIMS MADE M OCCUR
PAC5373885
� AbUSC Aggregate Aunt iS
$1,000,000
05/02/2005
05/02/2006
EACH OCCURRENCEENTED_
EACHOCCUMAGE
$_ 1,000,000
TO RENCE
$ 100,p00
MED EXP (My one n
$ 5,000
PERSONAL AADVINJURY
$ 1,000,000
X Profession al Liability
No deductible or SIR
X
Abuse Molestation
GENERAL AGGREGATE
$ 2,000,000
_&
GEN'L AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
$ 1,000,000
X POLICY PRO- LOG
AUTOMOBILE
LIABILITY
ANYAUTO
PAC5373885
05/02/2005
05/02/2006
COMBINED SINGLE LIMIT
(Ee aaitlan0
$ 1,000,000
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY—
(Per Person)
A
A
X
X
X
X
HIRED AUTOS
NON -OWNED AUTOS
BODILY INJURY
(Per awd.e n
$
PROPERTY DAMAGE
(Per accidenn
$
GARAGE LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
$
OTHER THAN _ _EA ACC
$
AUTO ONLY: AGG
$
_EXCEWUMBRELLA LMBKJTY
_ OCCUR CLAIMS MADE
- 1x�L"L
Ise '3r5 #
EACH OCCURRENCE
AGGREGATE
$
_ DEDUCTIBLE
r�
$
_
$
RETENTION $
��
SLtt Shecdy
WORKERS COMPENSATION AND
EMPLOYERS'LNBIUTY
ANYPROPRIETOR/ARTNEREJ(ECUTIVE
yl
L City Att Orne
WC STAID, OTH-
TDRYIIMIT
_
E.L. EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE
$
OFFICERMEMBER EXCLUDED?
B ea deaPRO under
V elPw
E L. DISEASE - POLICY LIMIT
$
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
The City of Santa Ana, its officials, employees, representatives, and volunteers are hereby named as Additional Insureds as
respects the operations of or on behalf on Mercy House Transitional Living Center, performed under contract with The City of
Santa Ana.
��n i rrrt.n c nvwcrt L ^ NL IMLLA 1 IVIN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOJI6 THE EXPIRATION
City of Santa Ana DATE THEREOF, THE ISSUING INSURER MI-CENDEAOOR-TO MAIL DAYS WRITTEN
20 Civic Center Plaza NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFr.-M7-FA7LORET3TJOSII JRALL
PO Box 1988 -IMPOSF'W-OHLTGATIOFORT_"R3T DF-AWY D-UPOWTHETNSORE14TrSAC,ENTS OR
-REPRESENTATIVES.
Santa Ana CA 92702 AUTHORIZED REPRESENTATIVE
25 12007/081
Aus•10. 2005 10:31AM No•1619 P- 2/2
FROM : FAX NO. :714-647-6549 Aug. 10 2005 09:06RM P1
EXHIBIT B
ADDITIONAL INSURED fiN IQE& vIENT
FOR COMMERCIALOENERAJ, L ILITY PO
Insurance Company GREAT AMERICAN INSURANCE COMPANY
This endorsement modifies such insurance as is afforded by the provisions of policy
# PAC5373885— relatingtothofollowing:
I. The City of Santa Ana, 20 Civic Center Plaza, Santa Aria, California 92701; its
officers, employees, agents, volunteers and representatives are named as additional insureds
("additional insureds,,) with regard to liability and defense of suits arising from tho operations
and uses performed by or on behalf of the named insured.
2. With respect to claims arising out of the operations and uses performed by or on
behalf of the named insured, such insurance as is afforded by this policy is primary and is not
additional to or contributing with any other insurance carried by or for the benefit of the
additional insureds.
3• This insurance applies separately to each insured against whom claim is made or
suit is brought except with respect to the company's limits of liability. The inclusion of any
person or organization as an insured shall nut affect any right which such person or organization
would have as a claimant if not so included_
4. With respect to'the additional insureds, this insurance shall not be cancelled, or
materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza Santa Ana California 92701.
(completion of the following, including countersignature, is required to make this cndorsemont
effective.)
Effective . n5 f IQOS this endorsement form as a part of
Policy # 2AC537 _
Issued to MER—„9J1SE TRA ONAL LIVING CENTER
Namcd Insured
Countersigned by
A thorized Representative
� "ROVED AS TO FORM
' I/z
„eaant CiIY Attorney
IO
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
MARCH 7, 2005
TITLE:
PUBLIC HEARING - COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
FISCAL YEAR 2005-2006
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROV,E.D�
I ns Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on 2n0 Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUEDTO + l-0gj
FILE NUMBER A-2005-078-023
1. Approve the proposed fiscal year 2005-2006 Community Development
Block Grant Program.
2. Authorize the City Manager to submit the approved program to the
United States Department of Housing and Urban Development for the
City's fiscal year 2005-2006 allocation of Community Development
Block Grant funds, and execute the grant agreement with the United
States Department of Housing and Urban Development.
3. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute agreements with nonprofit
agencies and/or subrecipients awarded funds as part of the approved
program.
HUMAN RELATIONS COMMISSION RECOMMENDATION
Direct staff to transmit the Human Relations Commission's funding
recommendations for fiscal year 2005-2006 Community Development Block
Grant Social Services Programs to the City Council.
By a vote of 9:0 at its Regular Meeting of February 14, 2005.
DISCUSSION
Since fiscal year 1974-1975, Santa Ana has received annual Community
Development Block Grant (CDBG) funds to improve low- and moderate- income
neighborhoods, eliminate blight and create a more stable economic base.
These funds have been used for a diverse range of programs including
• •
Public Hearing - CDBG Program FY 05-06
March 7, 2005
Page 2
housing, street improvements, parks and public works improvements, social
services, historic preservation and community services. The City's
entitlement for fiscal year 2005-2006 will be $7,910,023. No more than 15
percent of this entitlement may be used for social service programs.
The proposed CDBG program and budget for fiscal year 2005-2006 reflect the
culmination of a process that solicited proposals from outside
organizations and City agencies for the use of the annual entitlement.
Invitations to apply for funds were distributed to 160 organizations in
September 2004. Staff then met with the Human Relations Commission (HRC)
in its capacity as the CDBG Citizen Advisory Board to review the
applications and conduct three public hearings held on January 18, 20, and
25, 2005 in the City Council Chambers.
Following the public hearings, staff met again with the HRC to draft a
recommended social service program and budget for City Council
consideration. The proposed fiscal year 2005-2006 CDBG program and budget
(Exhibit 1) consists of the Commission's recommendations for social
service funding and staff's funding recommendations for the remainder of
the program, including capital projects, code enforcement and program
administration. Exhibit 2 consists of the HRC ranking and funding
recommendations for the social service programs. The City Council public
hearing will provide another opportunity for public input and the
completion of the process necessary to submit our locally approved program
to HUD.
FISCAL IMPACT
Approval of the recommended action will authorize the City Manager to
submit the approved program to HUD and to execute a grant agreement, which
will result in the City's CDBG letter of credit being augmented by
$7,910,023. These funds will be available for the approved program
effective July 1, 2005.
,Z— 61 .
Patricia C. Whitaker
Executive Director
Community Development Agency
PCT/NTE/mlr
H:\ACTIONS\2005 CC\PH - CDBGProgFY2005-2006 3-7-05.doc
APPROVED AS TO FUNDS AND ACCOUNTS:
yy
Francisco Gutierrez
Executive Director
Finance & Management Services Agency��
J
CITY OF SANTA ANA
006 HRC PUBLIC SERVICE GRANT RECOMMENDA
0
BY TAB ORDER
TAR APPLICANTNAME
SERVICE
PROVIDED
SERVICE 05-I16 AMT. HRC
RECOMNED
CATEGORY REQ.
GRANT
I
Academia Comm. Learning Center
Education
Youth
$20,000
0
2
Achievement Institute
Education
Youth
$8,600
0
3
AIDS Services Foundation
Medical
Adult & Familv
$10,000
0
4
Assistance League of Santa Ana
Clothing
Youth
$25,000
17,000
5
Blind Children's Learning Center
counseling
Youth
$25,000
18,000
6
Bowers Museum
Education
Youth
$10,000
0
7
Boys & Girls Club of Santa Ana
Recreation
Youth
$45,000
29,000
8
California Elwyn
mpymnt.
Asst.
Adult & Family$17,700
0
9
Cambodian Family
Education
Youth
$45,000
18,000
10
Camp Fire USA
volunteer.
Youth
$15,000
6,000
11
C.A.R.E. Counseling
Domestic
Violence
Adult & Family
$15,000
0
12
Career Beginnings of O.C.
Education
Youth
$20,000
14,000
13
Casa de Salud Family Health Clinic
Nutrition
Adult & Family
$75,000
15,000
14
Centro Cultural de Mexico
Education
Youth
$22,500
0
15
Colette's Children's Home
Shelter
Housin /Shelter
$23,800
0
16
Community Service Programs(CSP)
Shelter
Youth
$25,000
0
17
Council on Aging - Linkages
Medical
Senior Citizens
$15,000
6.000
18
Dayle McIntosh Cents
hmplymnt.
Asst.
Adult & Family
$15,707
14,000
19
Delhi Center
Recreation
Senior Citizens
$20,423
0
20
Betty Shabazz Delta Academy
Education
Youth
$6,500
0
21
Families Together of Orange County
Education
Adult & Family
$20,000
9,000
22
Feedback Foundation
Nutrition
Senior Citizens
$60,000
31,000
23
Hope Community Services, Inc.
counseling
Youth
$48,990
7,000
24
Hotline of Southern California
counseling
Adult & Family
$5,000
5,000
25
Human Options
omestic
Violence
Youth
$20,000
18,000
26
Paul McNeff Kidsingers
Recreation
Youth
$20,000
9,000
27
Latino Psychological & Soc. Srvcs.
counselin
Youth
$72,950
0
28
Latino Youth Leadership Institute
counseling
Youth
$48,400
10,000
29
Legal Aid Society of Orange County
Legal
Adult & Family
$7,500
6,000
30
Lighthouse Learning Center
Education
Adult 8 Family
$20,000
16,000
31
Mariposa Women's Center
counseling
Adult & Family
$10,000
7,000
32
MOMS
rental
Adult & Family
$71,947
0
33
Mercy House Transitional Living Ctr - Joseph & Regina
Shelter
Housinci/Shelterl
$60,000
16,000
34
Mexican American Opportunity Fndtn.
Recreation
Youth
$20,714
10,000
35
National Council on Alcoholism & Drug (Drug Court)
counseling
Adult & Family
$22,158
15,000
36
National Heritage
Recreation
Youth
$25,000
0
37
Orange Coast Interfaith Shelter
Shelter
Housin (Shelter
$25,000
0
Exhibit 1
1
CITY OF SANTA ANA
0
006 HRC PUBLIC SERVICE GRANT RECOMMENDA
BY TAB ORDER
SERVICE SERVICE 05-06 AMT. RRC
TAB APPLICANT NAME RECOMM'D
PROVIDED CATEGORY REQ.
GRANT
38
Orange County Bar Foundation -Shortstop
counseling
Adult & Familv
$20,000
13,000
39
Orange County Bar Foundation -Addiction
counseling
Adult & Family
$10,000
11,000
40
Orange County Children's Therapeutic Arts Center
Recreation
Youth
$25,000
12,000
41
Orange County Council, BSA (Learning for Life)
counselin
Youth
$50,000
0
42
Orange County Crazies
Recreation
Youth
$25,000
6,000
43
Orange County on Track
counseling
Youth
$20,000
0
44
Orange County Teen Challenge
Education
Youth
$9,500
9,000
45
Orange County Youth & Family Services
counseling
Youth
$60,338
0
46
Orange County Youth Commission
Recreation
Youth
$14,500
7,000
47
Phoenix House Orange County, Inc.
Recreation
Youth
$13,803
9,000
48
PRCSA - McFadden Learning & Tech. Ch.
Education
Youth
$141,102
90,000
49
PRCSA - Project Pride
Education
Youth
$215,434
198,000
50
Relampago del Cielo
Recreation
Youth
$8,000
0
51
Saint Joseph Ballet
Recreation
Youth
$50,000
41,000
52
Santa Ana Education Foundation
Education
Youth
$25,000
0
53
Santa Ana Friends for the Animals
Spay/Neuter
Animal
$9,500
0
54
Santa Ana Police Dept - Helicopter Program
Crime
Prevention
Adult & Family
$406,245
154,000
55
Share Our Selves
Medical
Adult & Family
$35,000
10,000
56
S. CA College of Optometry
Medical
Adult & Family
$53,100
15,000
57
Southwest Minority Economic Development Association
Homelessness
Adult & Family
$12,000
10,000
58
Taller San Jose
Emplymnt.
Asst.
Adult & Family
$55,150
34,000
59
Think Together
Education
Youth
$10,000
5,000
60
Thomas House Temporary Shelter
Shelter
Housing/Shelter
$30,000
15,000
61
TKO Boxing Club
Recreation
Youth
$15,000
13,000
62
Vietnamese Community of Orange County
counseling
Youth
$67,091
15,000
63
Volunteer Center of Orange County
volunteer
Senior Citizens
$10,000
0
64
Williamson Institute
Shelter
Housin /Shelter
$35,000
14,000
65
WISE Place
Shelter
Housing/Shelter
$13,500
12,000
66
Women Helping Women
mp ymnt.
Asst.
Adult & Family
$10,000
5,000
67
Women's Transitional Living Center (WTLC)
Shelter
Housing/Shelter
$40,189
6,000
68
YMCA Orange County
counseling
Adult 8 Family
$10,000
0
$2,517,341 $1,000,000
Exh,bd 1
2
PROPOSE COMMUNITY DEVELOPMENT K GRANT
IA5-06
NONS L SERVICE
PROGRAM
FUNDING
RE ESTS
2004-05
2005-06
2005-06
STAFF
TAB
APPROPRIATION
REQUEST
RECOMMENDATION
Administration & Planning
69 Administration
$
835,000
$
785,000
$
785,000
70 Fair Housing Council of Orange County
68,990
69,984
69,985
71 General Planning
100,000
235,000
235,000
Total Administration & Planning
$
1,003,990
$
1,089,984
$
1,089,985
Obligations
72 Section 108 Loan Repayment --
Police Holding Facility
1,902,680
1,892,815
1,892,815
Total Obligations
$
1,902,680
$
1,892,815
$
1,892,815
Capital Improvements
73 Fire Equipment
$
1,368,200
$
777,000
$
777,000
Parks and Recreation --
74 Delhi Park Improvements
300,000
435,000
435,000
Public Works --
75 Delhi Neighborhood Street Improvements
400,000
535,000
535,000
Total Capital Improvements
$
2,068,200
$
1,747,000
$
1,747,000
Code Enforcement
76 Code Enforcement
$
1,995,260
$
1,795,260
$
1,795,260
Total Code Enforcement
$
1,995,260
$
1,795,260
$
1,795,260
Historic Preservation
77 Episcopal Church of the Messiah
$
-
$
35,000
$
35,000
Total Historic Preservation
$
-
$
35,000
$
35,000
Housing Rehabilitation
78 Rebuilding Together O.C.
$
15,000
$
26,000
$
26,000
79 Multi -Family Rehab Loans
123,470
323,963
323,963
Total Housing Rehabilitation
$
138,470
$
349,963
$
349,963
Total Nonsocial Services Request
$
6,910,022
TOTAL NONSOCIAL
SERVICE RECOMMENDED
FUNDING
$
6,910,023
Social Service Requests
$
1,000,000
TOTAL 05/06
CDBG GRANT
$
7,910,023
Exhibit 1
3
CITY OF SANTA ANA
006 HRC PUBLIC SERVICE GRANT RECOMMENDA
BY RATING ORDER
TAB APPLICANT NAME SERVICE SERVICE ARE RC 05-116 AMT. RECOMM'D
PROVIDED CATEGORY RATE REQ. GRANT
40
Orange County Children's Therapeutic Arts
Center
Recreation
Youth
8.6
$25,000
12,000
24
Hotline of Southern California
counseling
Adult & Family
8.6
$5,000
5,000
38
Orange County Bar Foundation -Shortstop
counseling
Adult & Family
8.4
$20,000
13,000
39
Orange County Bar Foundation -Addiction
counseling
Adult & Family
8.4
$10,000
11,000
60
Thomas House Temporary Shelter
Shelter
Housin /Sheller
8.4
$30,000
15,000
30
Lighthouse Learning Center
Education
Adult & Family
6.4
$20,000
16,000
48
PRCSA - McFadden Learning & Tech. Ctr.
Education
Youth
8.3
$141,102
90,000
58
Taller San Jose
mpymnt.
Asst.
Adult & Family
8.3
$55,150
34,000
9
Cambodian Family
Education
Youth
8.1
$45,000
18,000
1
Academia Comm. Learning Center
Education
Youth
8.0
$20,000
0
7
Boys & Girls Club of Santa Ana
Recreation
Youth
8.0
$45,000
29,000
29
Legal Aid Society of Orange County
Legal
Adult & Family
8.0
$7,500
6,000
44
Orange County Teen Challenge
Education
Youth
8.0
$9,500
9,000
49
PRCSA - Project Pride
Education
Youth
8.0
$215,434
198,000
51
Saint Joseph Ballet
Recreation
Youth
8.0
$50,000
41,000
61
TKO Boxing Club
Recreation
Youth
8.0
$15,000
13,000
65
WISE Place
Shelter
Housin /Shelter
8.0
$13,500
12,000
is
Dayle McIntosh Center
mpymnt.
Asst.
Adult & Family
7.9
$15,707
14,000
31
Mariposa Women's Center
counseling
Adult & Family
7.9
$10,000
7,000
47
Phoenix House Orange County, Inc.
Recreation
Youth
7.9
$13,803
9,000
4
Assistance League of Santa Ana
Clothing
Youth
7.9
$25,000
17,000
13
Casa de Salud Family Health Clinic
Nutrition
Adult & Family
7.8
$75,000
15,000
25
Human Options
omestic
Violence
Youth
7.7
$20,000
18,000
34
Mexican American Opportunity Fndtn.
Recreation
Youth
7.7
$20,714
10,000
fit
Vietnamese Community of Orange County
counseling
Youth
7.6
$67,091
15,000
12
Career Beginnings of O.C.
Education
Youth
7.6
$20,000
14,000
20
Betty Shabazz Delta Academy
Education
Youth
7.6
$6,500
0
28
Latino Youth Leadership Institute
counseling
Youth
7.6
$48,400
10,000
22
Feedback Foundation
Nutrition
Senior Citizens
7.5
$60,000
31,000
55
Share Our Selves
Medical
Adult & Family
7.5
$35,000
10,000
56
S. CA College of Optometry
Medical
Adult & Family
7.4
$53,100
15,000
21
Families Together of Orange County
Education
Adult & Family
7.4
$20,000
9,000
57
Southwest Minority Economic Development
Association
Homelessness
Adult & Family
7.3
$12,000
10,000
2
Achievement Institute
Education
Youth
7.1
$8,600
0
42
Orange County Crazies
Recreation
Youth
7.1
$25,000
6,000
35
National Council on Alcoholism & Drug (Drug
I
Court)
counseling
Adult & Family
7.1
$22,158
15,000
17
Council on Aging - Linkages
Medical I
Senior Citizens
7.0
$15,000
6,000
Exhibit
1
CITY OF SANTA ANA
�006 HRC PUBLIC SERVICE GRANT RECOMMENDA
BY RATING ORDER
SERVICE SERVICE HRC 05-06 AMT. HRC
TAB APPLICANT NAME PROVIDED CATEGORY AVE. REQ.RECOMMIT)
GRANT
26
Paul McNeff Kidsingers
Recreation
Youth
7.0
$20,000
9,000
46
Orange County Youth Commission
Recreation
Youth
7.0
$14,500
7,000
64
Williamson Institute
Shelter
Housin /Shelter
7.0
$35,000
14,000
5
Blind Children's Learning Center
counseling
Youth
6.9
$25,000
18,000
50
Relampago del Cielo
Recreation
Youth
6.9
$8,000
0
23
Hope Community Services, Inc.
counseling
Youth
6.9
$48,990
7,000
59
Think Together
Education
Youth
6.8
$10,000
5,000
67
Women's Transitional Living Center (WTLC)
Shelter
Housing/Shelter
6.8
$40,189
6,000
66
Women Helping Women
mp ymnt.
Asst.
Adult & Family
6.6
$10,000
5,000
10
Camp Fire USA
volunteer
Youth
6.6
$15,000
6,000
33
Mercy House Transitional Living Ctr - Joseph &
Reaina
Shelter
Housin /Shelter
6.6
1 $60,000
16,000
53
Santa Ana Friends for the Animals
Spay/Neuter
Animal
6.5
$9,500
0
6
Bowers Museum
Education
Youth
6.4
$10,000
0
16
Community Service Programs(CSP)
Shelter
Youth
6.4
$25,000
0
36
National Heritage
Recreation
Youth
6.4
$25,000
0
45
Orange County Youth & Family Services
counseling
Youth
6.4
$60,338
0
54
Santa Ana Police Dept - Helicopter Program
Crime
Prevention
Adult & Family
6.4
$406,245
154,000
32
MOMS
prepared
Adult & Family
6.1
$71,947
0
11
C.A.R.E. Counseling
omestic
Violence
Adult & Family
6.0
$15,000
0
52
Santa Ana Education Foundation
Education
Youth
6.0
$25,000
0
68
YMCA Orange County
counseling
Adult & Family
6.0
$10,000
0
41
Orange County Council, BSA (Learning for Life)
counseling
Youth
5.9
$50,000
0
27
Latino Psychological & Soc. Srvcs.
counseling
Youth
5.8
$72,950
0
15
Colette's Children's Home
Shelter
Housing/Shelter
5.3
$23,800
0
43
Orange County on Track
counseling
Youth
5.1
$20,000
0
19
Delhi Center
Recreation
Senior Citizens
2.1
$20,423
0
63
Volunteer Center of Orange County
volunteer
Senior Citizens
1.5
$10,000
0
3
AIDS Services Foundation
Medical
Adult & Family
0.9
$10,000
0
37
Orange Coast Interfaith Shelter
Shelter
Housin /Shelter
0.9
$25,000
0
8
California Elwyn
mplymnt.
Asst.
Adult & Family
0.0
$17,700
0
14
Centro Cultural de Mexico
Education
Youth
0.0
$22.500
0
$2,517,341 $1,000,000
Exhibit
2
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
REPORTS
•
BUSINESS CALENDAR
65.A. 4TH DISTRICT COURT OF APPEAL STATUS REPORT — City Manager
David Ream, City Manager, briefed the Council on the steps taken to
ensure that the 4th District Court of Appeal remains in the City of Santa
Ana.
PUBLIC HEARINGS
75.A. PUBLIC HEARING — COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM FISCAL YEAR 2005-2006
Continued from the March 7, 2005 City Council Meeting by a vote of 7-0
Public hearing held and closed on March 7, 2005
Public hearing regarding the proposed Community Development Block
Grant (CDBG) Program and Budget for Fiscal Year 2005-2006
Legal Notice published in the Orange County Register, La Opinion, and
Nguoi Viet on February 21, 2005
Vivian Clecak representing Human Options; Larry Haynes representing
Mercy House Transitional Living Center; Peggy Weatherspoon and Suzie
Gulick representing Feedback Foundation; and, Stacey Physioc
representing Paul McNeff Singers spoke in support of funding for their
respective organizations.
Motion: 1. Approve the proposed fiscal year 2005-2006 Community
Development Block Grant Program.
r
2 lAchievement Institute $0 $5,000 $5,000
3 JAIDS Services Foundation $0 $0
4 lAssistance League of Santa Ana $17,000 $17,000
CITY COUNCIL MINUTES 12 APRIL 4, 2005
PUBLIC HEARINGS
5 IBlind
Children's Learning Center
$18,000
$18,000
6
Bowers Museum
$0
$5,000
$5,000
7
Boys & Girls Club of Santa Ana
$29,000
$29,000
8
California Elwyn
$0
$0
9
Cambodian Family
$18,000
$18,000
10
Camp Fire USA
$6,000
-$1,000
$5,000
11
C.A.R.E. Counseling
$0
$0
12
Career Beginnings of O.C.
$14,000
$14,000
13
Casa de Salud Family Health Clinic
$15,000
-$2,000
$13,000
14
Centro Cultural de Mexico
$0
$10,000
$10,000
15
Colette's Children's Home
$0
$0
16
Community Service Programs (CSP)
$0
$0
17
Council on Aging - Linkages
$6,000
$6,000
18
Dayle McIntosh Center
$14,000
$14,000
19
Delhi Center
$0
$5,000
$5,000
20
Betty Shabazz Delta Academy
$0
$0
21
Families Together of Orange County
$9,000
-$4,000
$5,000
22
Feedback Foundation
$31,000
$14,000
$45,000
23
Hope Community Services, Inc.
$7,000
-$7,000
$0
24
Hotline of Southern California
$5,000
$5,000
25
Human Options
$18,000
$2,000
$20,000
26
Paul McNeff Kidsingers
$9,000
$1,000
$10,000
27
Latino Psychological & Soc. Srvcs.
$0
$0
28
Latino Youth Leadership Institute
$10,000
$10,000
29
Legal Aid Society of Orange County
$6,000
$6,000
30
Lighthouse Learning Center
$16,000
$16,000
31
Mariposa Women's Center
$7,000
-$1,000
$6,000
32
MOMS
$0
$0
33
Mercy House Transitional Living Ctr
- Jose h & Re ina
$16,000
$3,000
$19,000
34
Mexican American Opportunity
Fndtn.
$10,000
-$1,000
$9,000
35
National Council on Alcoholism &
Drug Dru Court
$15,000
$5,000
$20,000
36
National Heritage
$0
$5,000
$5,000
37
Orange Coast Interfaith Shelter
$0
$0
CITY COUNCIL MINUTES 13 APRIL 4, 2005
PUBLIC HEARINGS
!38
Ntln� 1. ii
��'}{jj,,{{i
Orange County Bar Foundation-
Sho rtsto o$13,000
MR
{ AIL
$13,000
39
Orange County Bar Foundation -
Addiction
$11,000
-$6,000
$5,000
40
Orange County Children's
Therapeutic Arts Center
$12,000
$12,000
41
Orange County Council, BSA
(Learning for Life
$0
$0
42
Orange County Crazies
$6,000
$4,000
$10,000
43
Orange County on Track
$0
$4,000
$4,000
44
Orange County Teen Challenge
$9,000
$500
$9,500
45
Orange County Youth & Family
Services
$0
$0
46
Orange County Youth Commission
$7,000
$7,000
47
Phoenix House Orange County, Inc.
$9,000
-$9,000
$0
48
PRCSA - McFadden Learning &
Tech. Ctr.
$90,000
-$9,000
$81,000
49
PRCSA - Project Pride
$198,000
$198,000
50
Relampago del Cielo
$0
$0
51
Saint Joseph Ballet
$41,000
$4,000
$45,000
52
Santa Ana Education Foundation
$0
$0
53
Santa Ana Friends for the Animals
$0
$0
54
Santa Ana Police Dept - Helicopter
Pro ram
$154,000
$50,875
$204,875
55
Share Our Selves
$10,000
$10,000
56
S. CA College of Optometry
$15,000
-$7,500
$7,500
57
Southwest Minority Economic
Development Association
$10,000
$10,000
58
Taller San Jose
$34,000
$34,000
59
Think Together
$5,000
$5,000
60
Thomas House Temporary Shelter
$15,000
$15,000
61
TKO Boxing Club
$13,000
$13,000
62
Vietnamese Community of Orange
County
$15,000
$15,000
63
Volunteer Center of Orange County
$0
$0
64
lWilliams Institute
$14,0001
100
65
IWISE Place
$12,000
$5001
$12,500
CITY COUNCIL MINUTES 14 APRIL 4, 2005
Total Social Services
NON-SOCIAL SERVICE PROGRAMS
PUBLIC HEARINGS
$1,000,000 $76,375 $1,U7ti,3/0
Total Administration &Planning: $1,089,985 $1,089,985
3
9,
72 Section 108 Loan Repayment --
Police Holding Facility $1,892,815
$1,892,815
Total Obligations: $1,892,815 $1,892,515
73 IFire Equipment $777,000-$76,375 $7UU,Ei"L5
74 Parks & Recreation - Delhi Park
Improvements $435,000 $435,000
75 Public Works - Delhi Neighborhood
Street Improvements $535,000 $535,000
Total Capital Improvements: $1,747,000-$76,375 $1,670,625
Total Code Enforcement: $1,795,260
$1,795,260
CITY COUNCIL MINUTES 15 APRIL 4, 2005
PUBLIC HEARINGS
Total Housing Rehabilitation: $384,963 :0404,U04
TOTAL NONSOCIAL SERVICE RECOMMENDED FUNDING $6,833,648
TOTAL SOCIAL SERVICE RECOMMENDED FUNDING $1,076,375
TOTAL CDBG PROGRAM BUDGET $7,910,023
2. Authorize the City Manager to submit the approved program to
the United States Department of Housing and Urban Development
for the City's fiscal year 2005-2006 allocation of Community
Development Block Grant funds, and execute the grant agreement
with the United States Department of Housing and Urban
Development.
3. Direct the City Attorney to prepare and authorize the City Manager
and the Clerk of the Council to execute agreements.
AGMT NO. 2005-078 - With nonprofit agencies and/or sub -recipients
awarded funds as part of the approved program.
MOTION: Christy SECOND: Bist
VOTE: AYES: Alvarez, Bustamante, Pulido, Bist, Christy,
Garcia, Solorio (7)
NOES: None (0)
ABSTAIN: None (0)
ABSENT: None (0)
75.13. ADELPHIA CABLEVISION OF SANTA ANA, LLC. FRANCHISE
RENEWAL
Legal notice published in the O.C. Reporter on March 18, 2005
Motion: Continue the item to April 18, 2005 at the request of staff.
CITY COUNCIL MINUTES
16
APRIL 4, 2005